(2014) JELR 40078 (CA)    

Court of Appeal  ·  CA/I/268/07 ·  11 Feb 2014 ·  Nigeria
SOTONYE DENTON WEST Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
lower court
legal practitioner
writ of summons
statement of claim
substantial justice
legal practitioners act
suo motu
civil procedure
probable cause
a. ajibola
supreme court
merit of the case
trial court
criminal proceedings
form of legal practice
general damages
notice of appeal
part of the respondents
unlawful arrest
act of the respondents
applicable local rules of court
attention of counsel
charge nos.mos
credible evidence of any damage
following cases
following relief
fresh order of court
issue c
judgment of ogunsola j. of the osun state high court
judgment of the lower court
malicious prosecution of the plaintiffs
new issue
ondo state
part of the learned counsel
police investigation
provisions of section
right decision
rules of this court
said 14th of april
said written address
special circumstances of the instant case

CORDELIA IFEOMA JOMBO-OFO, J.C.A.(Delivering the Leading Judgment): This is an Appeal against the judgment of Ogunsola J. of the Osun State High Court sitting at Osogbo and delivered 6th February, 2007.

The plaintiffs at the trial court vide their writ of summons and statement of claim sought the following relief against the defendants:

The sum of N2 Million Naira being general damages for unlawful arrest, detention, indignity to the person, public disgrace and Malicious Prosecution of the plaintiffs by the defendants at Osogbo between

10/07/2001 and 28/11/2002.

Parties exchanged pleadings and the case proceeded to trial in the course of which the Plaintiffs called three (3) witnesses and the defendants testified in their defence as 1st DW and 2nd DW respectively. At the close of trial parties filed and exchanged written addresses. In a considered judgment delivered 6th February, 2007, the trial Judge entered judgment in favour of the plaintiffs and against the defendants jointly and …

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