D. O. IBEKWE, J.S.C (Delivering the Leading Judgment): This is an appeal from the decision of the Lagos High Court, Lambo J., as he then was, allowing the plaintiffs' claim for damages for wrongful execution against the defendants.
The facts of this case are interesting. As is sometimes the case in the business world, one Jackie Phillips, who is the principal actor in this case, is reputed to be the founder of the following inter-locking companies:- (1) J.P. Investment Ltd., (2) Jackie Ltd., (3) Viewcards Ltd., and (4) Jackie Phillips Photos Ltd. As a matter of fact, the last-named company, Jackie Phillips Photos Ltd., is virtually owned by him. In the words of Jackie Phillips himself:
"In the Plaintiff/Company I hold 99%, the remaining share is owned by my sister-Lydia Oyedele."
It happened that Jackie Phillips was a defendant in Suit L.D. 123/67 in which the Far East Mercantile Co. Ltd., the present defendants were the plaintiffs. Judgment was given in favour of the plaintiffs in th…