HASSAN
V.
TADE & ANOR.

(2011) JELR 46067 (CA)

Court of Appeal · CA/IL/1/2009 · 13 Apr 2011 · Nigeria

CORAM

TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria IGNATUS IGWE AGUBE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

respondents

lower court

evidence

1st respondent

general damages

case

malicious prosecution

sum of n55

1st plaintiff

favour of the respondents

issues

judgment of the lower court

appeal fails

grounds of appeal

private prosecution

probable cause

set aside

statement of claim

sum of n65

unlawful trespass

1st plaintiffs

2ors v. ozunke obiano

accused persons

appeal stems

argument of appellant

chief magistrate court

chief magistrate court ilorin

circumstance of this case

criminal proceedings

findings of the learned trial judge

findings of the trial judge

following cases

jubrin garba v. alh

judgment of honourable justice a.o. bangbola of the high court

kwara state

leading judgment

official witness

quantum of the damages

singular issue of the respondents

state of the pleadings

true evidence

upper area court oloje ilorin

various court

v. yusuf alade

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This appeal stems from the judgment of Honourable Justice A.O. Bangbola of the High Court of Justice, Ilorin, Kwara State delivered on 28/7/2006, wherein the plaintiffs now respondents sought for the following reliefs:

1. The sum of N55, 000 (Fifty Five Thousand Naira) as general damages from the defendant for injuries (sic) falsehood and maliciously (sic) and without reasonable and probable cause sometimes in December, 1991 commenced private prosecution or proceedings against the plaintiffs at various court (1st at Upper Area court Oloje Ilorin) and secondly the chief Magistrate court Ilorin for the offences of criminal force and assault.

The case was subsequently decided in favour of the plaintiffs by the chief Magistrate court, Ilorin on the 28th of April, 1998, wherein the plaintiff as (the accused persons in the criminal proceedings) were discharged and acquitted.

In consequence of the aforementioned prosecution of th…

HASSAN V. TADE & ANOR.

HASSAN
V.
TADE & ANOR.