EROMOSELE
V.
WERMER & ORS

(2014) JELR 40254 (CA)

Court of Appeal · CA/B/324/2005 · 4 Feb 2014 · Nigeria

CORAM

HELEN MORONKEJI OGUNWUMIJU JCA IBRAHIM MOHAMMED MUSA SAULAWA JCA TOM SHAIBU YAKUBU JCA

Ratio Decidendi

Core Terms ^Beta

respondents

1st defendant

malicious prosecution

lower court

exhibit b

probable cause

inter alia

1st respondent

statement of claim

evidence act

learned counsel

pw1

suit no. hek

chief security officer

criminal charge no. mci

cross examination

exhibit e

record of appeal

unlawful arrest

alleged letter

consequence of the plaintiffs claims

copious evidence

face of the available evidence

first issue

preponderance of evidence

said judgment

case of malicious prosecution

case of unlawful assault

complaint of the defendants

edo state

exhibits a-h

instant appeal

judgment of the high court of justice

malicious prosecution of the plaintiff

paragraphs b-g. see

per achike

plaintiffs claim

respective briefs of argument

respect of the legal fee

said exhibit g

security booth

unlawful arrest of the plaintiff

various exhibits

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice, Edo State, holden at Ekpoma Judicial Division, which was delivered on October 21, 2004 in Suit No. HEK/22/2003. By the said Judgment, the lower court, coram E. F. Ekponwen, J; the Appellant's reliefs for unlawful arrest, assault and malicious prosecution sought against the Respondents herein were dismissed. Thus, being dissatisfied with the said Judgment, the Appellant filed the instant appeal in the court below on November 19, 2004. The Record of Appeal was served on the Appellant and transmitted to the court on 07/02/05. The Appellant's additional grounds of appeal, dated 27/6/07, were deemed properly filed on 15/01/08. The Appellant's brief was filed on 10/02/05. On the other hand, the Respondents' Notice, dated 22/4/10, was deemed properly filed dated on 23/01/12. The Respondents' brief dated 23/01/12 was deemed properly filed on 25/3/13.

On…

EROMOSELE V. WERMER & ORS

EROMOSELE
V.
WERMER & ORS