NZEAKO JCA (Delivering the Lead Judgment): By a writ of summons filed at the High Court of Justice, Katsina Ala on 22nd January, 1991, in suit KHC/6/91, the plaintiffs claimed against the defendant, the sum of N73,060.00 being special and general damages for malicious prosecution. Parties filed and exchanged pleadings. The trial court took evidence, whereupon the plaintiffs testified and called one witness, and the defendant also testified and called two witnesses.
On 18th May, 1992, the learned trial Judge, Eko J., gave judgment in favour of the plaintiffs jointly in the sum of N10,000.00 being damages with N1000 costs.
Dissatisfied, the defendant appealed to this court. There are 4 grounds of appeal. A For the appeal, learned counsel for the parties filed and exchanged briefs of argument. On 14/2/96, this court granted the appellant’s motion for leave to file his brief of argument out of time and to deem it filed within time on the same date.
The respondents also obtained leave of th…