O. ACHIKE, J.S.C (Delivering the Leading Judgment): On the 20th of December 1985 the Defendant made a report against the Plaintiff to the Police at Ikyogen, Kwande Local Government Area of Benue State alleging that the Plaintiff with his two wives and his brother went to the Defendant rice farm to steal his rice by harvesting the rice thereon. Consequent to the said report, the Plaintiff with his wives and brother were arrested and prosecuted at the Upper Area Court Adikpo on a First Information Report alleging theft of the Defendant's rice. The Plaintiff and all the accused persons were however discharged.
Consequent upon the termination of the criminal proceedings, the Plaintiff instituted a civil suit against the Defendant at the Katsina-Ala High court claiming N25,000.00 general and special damages for malicious prosecution. In proof that the criminal prosecution terminated in his favour, the Plaintiff tendered the record of proceedings of the criminal trial which was admitted in…