Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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.

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