(2001) JELR 44258 (CA)    

Court of Appeal  ·  CA/J/76/94 ·  21 May 2001 ·  Nigeria
Other Citations
Ejikeme v. Nwosu (2002) 3 NWLR (Pt.754)356
Ejikeme v. Nwosu (2002) 3 NWLR (Pt. 754) 356
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
malicious prosecution
1st defendant
probable cause
2nd defendant
grounds of appeal
upper area court
learned trial judge
amended statement of claim
first information report
police station
case of malicious prosecution
learned counsel
statement of claim
criminal charge
appellant set
cause of action
defendant set
evidence of the respondent
petrol tanker
duplicate case file
exhibit a
following day
katsina-ala nigeria police station
katsina-ala police station
leading judgment
lead judgment
police officer
suit no. khc
trial judge
compound of the appellant
evidence of the pw2
full trial
issue of malicious prosecution
judgment of the high court of benue state
katsina-ala high court
mr. g.o. okafor
reasonable grounds
said issues nos
see a.-g.
statement of defence
state ministry of justice
unknown persons

OBADINA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State sitting at Katsina-Ala, presided by EKO, J. delivered on the 11th July, 1994 in suit No. KHC/42/93. At the trial court, the respondent was the plaintiff, while the appellant was the defendant.

On the 23rd of September, 1992 at about 1.55 am, some unknown persons broke into the compound of the appellant and set ablaze his petrol tanker, Reg. No. GG 6666 WK. The fire was however put out. The following day the appellant reported the matter at Katsina-Ala Police Station. The police in the course of their investigation arrested the respondent on the 25th of September, 1992, detained him at the Police Station until 30th September, 1992, when he was arraigned before the Upper Area Court, Katsina-Ala on allegation of mischief by fire. On the 5th of July, 1993, the respondent was discharged following an advice from the State Ministry of Justice.

On the 19th of August, 1993,…

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