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BAYAM
V.
AGANA

(2010) JELR 52222 (CA)

Court of Appeal 14 Jan 2010 Nigeria
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Case Details

Suit Number:CA/J/263/2004
Judges:UZO I. NDUKWE-ANYANWU JCA ABUBAKAR DATTI YAHAYA JCA
Counsel:I. M. Nurudeen, Esq. - for the Appellant. -*- I. M. Salihu, Esq., holding the brief of I. C. Ohanyidu, Esq., - for the Respondent.

SAULAWA JCA (Delivering the Lead Judgment): The instant appeal is a fall-out of the judgment of the Taraba State High Court of Justice sitting at Jalingo Judicial Division, delivered by His lordship Y. A. Bashir, J on 26 February 2006 in suit No. TRSJ/10/2003, between the parties herein. The genesis of this appeal is traceable to 28 February 2003. That was the date on which the respondent caused a writ of summons, bearingsuit No. TRSJ/10/2003 to be issued out against the appellant for malicious prosecution.

By virtue of the 26 paragraphed amended statement thereof, dated 21 July 2003, the respondent claimed against the appellant the following reliefs: The sum of N3,000,000.00 (three million naira) being general damages for malicious prosecution. The sum of N3,000,000.00 (three million naira) being aggravated and/or exemplary damages. The cost of filing and prosecution of this suit.

The appellant, in the respondent’s statement thereof, dated 22 July 2003, denied the said claim, and acc…

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