NWALI SYLVESTER NGWUTA, JCA (Delivering the Leading Judgment): Suit No. 0/10/96 was initiated in the Ogwashi-Uku Division of the High Court of Delta State. Endorsed on the Writ issued on 17/1/96 is the plaintiff's claim for!
(1) N3000.000.00 as special and general damages for assault and battery against the 3rd and 4th
defendants jointly and severally and
(2) N1, 700.000.10 as special and general damages for malicious prosecution against the four defendants jointly and severally.
The 3rd and 4th defendants entered appearance in the suit on 23/2/96 . On 22/3/96 the plaintiffs filed a motion to set down the case for hearing in default of appearance by the 1st and 2nd defendants. On 15/4/96 the plaintiff filed another motion, this time asking for enlargement of time to file his statement of claim, having run out of time. The statement of claim was subsequently filed on 7/5/96. On 19/6/96 the presiding Judge Awala J. made an order transferring the case from Ogwashi -Uku to Issele- Uku H…