(2001) JELR 44257 (CA)    

Court of Appeal  ·  CA/J/12/99 ·  2 Jul 2001 ·  Nigeria
Other Citations
Mobar v. Ali (2002) 1 NWLR (Pt 747)95
Mobar v. Ali (2002) 1 NWLR (Pt. 747) 95
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
unlawful arrest
police station
bulaburin police station
false imprisonment
malicious prosecution
statement of defence
upper area court
retrial of the suit
intervention of the police
lead judgment
trial court
view of the future
1st claim of the plaintiff fails
5.the plaintiff states
above pleadings
admitted facts
allegation of malicious prosecution
appellant made excerpts
circumstances of this case
dissimilar issues
evidence of pw1
following reliefs
hon. justice i. s. bdliya
i. a. mangaji
islamic law of evidence
leading judgment
main issues
mere complaint
notice of appeal
o. o. obadina
preview of the lead judgment
principle of law
rules of this court
said sum
sets of issues
suit no. m
weight of evidence

I. A. MANGAJI, J.C.A. (Delivering the Leading Judgment): On 15th June, 1998 Hon. Justice I. S. Bdliya delivered a judgment in Suit No. M/92/97 wherein he dismissed the claim filed by the appellant as plaintiff against the respondent. His reason for so dismissing the claim was that the appellant totally failed to prove his case as no evidence was adduced during the trial establishing the averments contained in the pleading. The appellant was aggrieved by the decision.

He accordingly filed a notice of appeal containing two grounds dated 26/6/98.

In due compliance with the rules of this court, parties by their counsel, filed and exchanged briefs of argument. In the appellant's brief of argument, two issues were identified as arising for determination from the two grounds of appeal.

The issues are couched thus:-

"(1) Whether the trial court is legally right to have dismissed the plaintiff's claim inspite of the admitted facts in paragraph 6 of the appellant's statement of claim and paragr…

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