Customer Support

MAMMAN
V.
DAMBE

(2001) JELR 56492 (CA)

Court of Appeal 23 Apr 2001 Nigeria
BriefBot icon

BriefBot Summary

Free

- The plaintiff sued the defendant for damages due to malicious prosecution. The trial judge ruled in favor of the plaintiff, but the defendant appealed, arguing that the judgment was delivered late and that the judge erred in striking out

Case Details

Suit Number:CA/J/137/96
Judges:ALOMA MARIAM MUKHTAR, JCA OLUDADE OLADAPO OBADINA, JCA IFEYINWA CECILIA NZEAKO, JCA
Counsel:H. M. Liman, Esq. for the Appellant; N. A. Dammo, Esq. for the Respondent.

NZEAKO, JCA (Delivering the Lead Judgment): On the 29th of October, 1990, the plaintiff filed the action from which this appeal arose at the High Court of justice, Yobe State. He claimed from the defendant, who is the appellant herein, the sum of ₦100,000.00 being damages for malicious prosecution. Pleadings were exchanged between the parties, the matter went to trial before Nabarum J. sitting at Potiskum. After hearing parties and their witnesses, the learned trial Judge gave judgment on 5th September, 1994 for the plaintiff. The defendant, dissatisfied, has appealed to this court. His amended notice of appeal filed by leave of this court on 10/6/97, contains 3 grounds, now set out (without their particulars).

Grounds of appeal

“1. The learned trial Judge of the High Court of Justice Potiskum erred in Law when he delivered his judgment outside the stipulated three months from the final addresses of counsel in contravention of the provisions of section 258(1) of the constitution of …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.