(2011) JELR 46106 (CA)    

Court of Appeal  ·  CA/A/275/2008 ·  27 Jan 2011 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
high court
learned counsel
cross examination
learned trial judge
2nd respondent
court of appeal rules
grounds of appeal
notice of appeal
1st defendant
trial court
case submission
piece of evidence
prima facie case
record of the appeal
totality of evidence
3rd party
above claims
appellate court
attainment of such justice
brief of argument
briefs of argument
case of abubakar v. waziri
civil cases
cross-examination of the plaintiff
evidence of pw1
false imprisonment
final result
following claims
general terms
grounds of the appeal
leading judgment
learned plaintiffs
legal fees
no case submission
peculiarities of a given case
primary duty of the courts
processes of the case
record of appeal
registry of the fct high court
requirement of order
requirements of the rules of court
said judgment
service of the above processes
weight of evidence

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The 1st Respondent as Plaintiff had taken out a writ of summons from the Registry of the FCT High Court, (to be called High Court after now) against the Appellant and the 2nd Respondent on which were endorsed, the following claims:-

"(a) The sum of N1 million Naira for unlawful arrest, defamation of character and false imprisonment.

(b) An unreserved letter of apology to him and copied to the following:

i. Knight of St John International Commandry 472 und 507.

ii. Police officers Mess Abuja.

iii. Igbo Traditional Council Yola and Abuja-

(c) The sum of N150,000 being legal fees for the prosecution of this suit."

The above claims were repeated at paragraph 29 of the statement of claim (s/claim) at pages 9-10 of the record of appeal.

After the service of the above processes on the Appellant, he caused a statement of defence to the claims by the 1st Respondent to be filed on the 2/3/02.

Though the record of the appeal indic…

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