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…