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MUSA
V.
YUSUF

(2006) JELR 40257 (CA)

Court of Appeal 6 Feb 2006 Nigeria
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- The respondent (plaintiff) sued the appellant (defendant) at the Plateau State High Court for damages for malicious prosecution, alleging he was falsely accused, arrested, and prosecuted for theft of cement, but acquitted at the Chief Mag

Case Details

Suit Number:CA/J/157/2001
Judges: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
Counsel:Senator Ameh Ebute For Appellant Amechi Raph Esq. For Respondent
Other Citations:Musa v. Yusuf (2006) 6 NWLR (Pt. 977) Pg.454

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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