MUSA DATTIJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, sitting at Enugu, the lower court, delivered on the 22nd day of May 2007, allowing the appeal of the respondent herein against the decision of the Enugu State High Court, the trial court, dated 6th day of June 2006 in favour of the appellant herein. As plaintiffs, the appellant and his wife commenced the instant suit claiming against the respondents, the defendants, jointly and severally the sum of one hundred million naira (N100,000,000.00k) damages for the instigation of their arrest and detention that caused them public odium, scorn and trauma more particularly between the period of February to July 2005 when the matter was being investigated by the police.
The appellant and the 1st respondent filed and exchanged pleadings at the trial court. The 2nd respondent neither filed any defence in the suit nor was he represented by counsel inspite of his being served.…