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,…