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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…

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