DENTON-WEST JCA (Delivering the Lead Judgment): This appeal is against the decision delivered on 10 June 2008 by the High Court of Osogbo, Osun State (hereinafter simply referred to as “the lower court”) presided over by Hon. Justice F. O. Ogunsola (hereinafter simply referred to as “the learned trial judge”) wherein his lordship dismissed the plaintiff/ appellant’s suit against the defendants/respondents for malicious prosecution.
The plaintiff/appellant (hereinafter referred to as the appellant) brought at the lower court a claim against the defendant jointly and severally ; N6,000,000.00 (six million naira) general damages for malicious prosecution of the appellant by the respondents through a trumped-up charge vide charge No. MFP/IC/2002 - Commissioner of Police v. Alhaji Kareem Ishola before Ifon-Osun Magistrate Court, Osun State between 24 January 2002 and 6 August 2002 which trial resulted in the discharge and acquittal of the plaintiff. Both parties gave evidence in furth…