IGOMU
V.
IBRAHIM

(2013) JELR 51010 (CA)    

Court of Appeal  ·  CA/216/2007 ·  5 Jul 2013 ·  Nigeria
CORAM
AMIRU SANUSI JCA (Presided and Read the Lead Judgment) MOORE A. A. ADUMEIN JCA TINUADE AKOMOLAFE-WILSON JCA
Core Terms Beta
appellant
court
respondent
issues
appeal
law
trial court
civil procedure
constitution of the federal republic of nigeria
grounds of appeal
upper area court
miscarriage of justice
rule
malicious prosecution
notice
preliminary objection
lower court
learned justices of the lower court
circumstances of the proceedings
honourable appellate high court
interest of justice
judgment of the upper area court
natural justice
notice of preliminary objection
specific rules of the area court
appellate courts
appellate jurisdiction
determination of the appeal
fair hearing
idah kogi state
judgment of the kogi state high court
lead judgment
provision of order
trial upper area court
appellate counsel
cross-examination
evidence of the respondent
facts of the case
first ground of the notice of preliminary objection
hearing of this appeal
high court of kogi state
judgment of the lower court
judgment of the trial upper area court
latter judgment of the lower court
law frowns
learned counsel
notice of appeal
settling issues
sum of n100,000.00

SANUSI JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Kogi State High Court, sitting in its appellate jurisdiction (the lower court) delivered on 20 October 2006. The facts of the case are that the respondent as plaintiff in suit No.

CV/97/2005, before the Upper Area Court, Idah Kogi State (the trial court for short) sued the appellant as defendant thereat and claimed the sum of N100,000.00 (one hundred thousand naira) only, as damages for malicious prosecution.

When the matter first came before the trial, the appellant was present and the claim was read to him, he pleaded not liable and the matter was then adjourned to 22 July, 2005 for hearing.

On 22 July, 2005, the appellant was not in court and was also unrepresented. The court then adjourned the matter to 10 August 2005 for hearing. No evidence was shown that hearing notice was served on him.

Then, on 10 August 2005, the appellant did not show up again (eventhough no evidence of service on him) and t…

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