MUSA
V.
YUSUF

(2006) JELR 40257 (CA)

Court of Appeal · CA/J/157/2001 · 6 Feb 2006 · Nigeria
·

Other Citations

Musa v. Yusuf (2006) 6 NWLR (Pt. 977) Pg.454

CORAM

AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria MUHAMMAD LADAN TSAMIYA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

plaintiff

defendant

respondent

appellant

learned trial judge

malicious prosecution

trial court

issues

probable cause

prosecution of the plaintiff

favour of the plaintiff

police station

grounds of appeal

first ingredient

instance of the defendant

considered judgment

leading judgment

leave of this court

legal duty

reasonable person

accused person

amended notice of appeal

chief magistrate court ii jos

civil action

conclusion of the hearing of evidence

counter claim

criminal report

defendant set

findings of facts

following cases

injurious prosecution

long time

malicious prosecutions

order of the trial court

part of the appellant

part of the pleadings of the plaintiff

plaintiff claims

plateau state high court of justice

police officer

prosecution of the case

prosecution of the respondent

reasonable grounds

rules of this court

said report

statement of claim

suit no. pld

summary of the plaintiffs evidence

support of his counter claim

TSAMIYA, JCA (Delivering the Leading Judgment): The appellant was a defendant in suit No. PLD/J/198/96 instituted by the respondent (as plaintiff) at the Plateau State High Court of Justice (hereinafter referred as the trial court) wherein the respondent claimed by his writ of summons and paragraph 10 of the Statement of Claim as follows:

"WHEREFORE: the plaintiff claims against the defendant;

i. The sum of ₦300,000.00 (Three hundred thousand Naira only) as damages for malicious prosecutions.

ii. The sum of ₦200,000.00 (Two hundred thousand Naira only) as damages for injurious prosecution and the costs of this action."

In a strict compliance with the order of the trial court, pleadings were duly filed and ex-changed and the matter came up for hearing before Damulak J. At the conclusion of the hearing of evidence of witnesses, called by the parties' counsel, the parties' counsel delivered their respective addresses.

The learned trial Judge, delivered a considered judgment in favour o…

MUSA V. YUSUF

MUSA
V.
YUSUF