(2011) JELR 46067 (CA)    

Court of Appeal  ·  CA/IL/1/2009 ·  13 Apr 2011 ·  Nigeria
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
lower court
1st respondent
general damages
malicious prosecution
sum of n55
1st plaintiff
favour of the respondents
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…

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