ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Jos High Court (hereafter referred to as the trial court) delivered on the 21/2/2001, dismissing the claim of the appellant. The appellant as plaintiff, had sued the respondent as defendant, claiming the sum of N5 million as damages for malicious prosecution. The case of the appellant at the trial court, is that the respondent, who was his neighbour, commenced development of his property and used the appellant's wall fence as part of the development. On seeing this, the appellant protested, indicating that a three-foot space must be left between the two buildings, for sanitary purposes. The respondent pulled out the structure he had erected on the appellant's fence, and left a one foot space. When further protests by the appellant did not yield any results, the appellant reported to the Eze Igbo 1 Jos, who intervened and asked the respondent to create the three feet space. Th…
Ebenighe v.Achi
(2010) JELR 47741 (CA)
Court of Appeal 1 Apr 2010 Nigeria
BriefBot Summary
- The appellant, having been prosecuted and discharged in a Magistrate Court following a report to police by the respondent (his neighbour) regarding alleged threats to life, sued for N5 million in damages for malicious prosecution. - The t
Case Details
Suit Number:CA/J/138/2001
Judges:ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria
UZO NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
Counsel:L.E. Anyia For Appellant
For Respondent
Other Citations:(2010) JELR 51835 (CA)
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