AKINTAN JSC (Delivering the Lead Judgment): The appellant, as plaintiff, instituted this action at Akwa High Court in Anambra State as suitNo. AA/157/88 against the respondents as defendants jointly and severally. His claim, as set out in paragraph 9 of his statement of claim, was for a total sum of N100,110 for damages for trespass, damages for defamation and return of money collected from him. The plaintiff and 1st defendant were businessmen while the 2nd and 3rd defendants were court bailiffs. The appellant and the 1st respondent had been involved in a High Court case for which costs were awarded by the court against the 1st respondent in favour of the appellant. There was an outstanding sum of N50 (fifty naira) out of the costs awarded by the court against the said 1st respondent.
The 1st respondent -applied to the court for a writ of fifa for the recovery of the said N50 (fifty naira). The 2nd and 3rd respondents were the court bailiffs assigned to carry out the order. The pla…