MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): Before the High Court of Lagos State, the Appellant, as Claimant, claimed at paragraph 19 of his Statement of Claim, the following reliefs:
a. N2,000,000.00 as damages from malicious prosecution.
b. N450,000.00 special damages as per paragraph 19 herein
c. N200,000.00 as cost of the litigation
The Defendant, now Respondent, not only contested the claim, he also counter-claimed against the Claimant/Respondent. In a considered judgment delivered on 8th July, 2010, the lower Court, presided over by Hon. Justice K.A. Jose (Mrs.), dismissed both the Appellant’s claim and the Respondent’s counter-claim. Dissatisfied with the decision, the Appellant approached this Court through a Notice of Appeal dated and filed on 30th September, 2010, predicated on 6 Grounds.
The Appellant’s claim at the lower Court was founded on malicious prosecution. The summary of the facts in support of the claim is as follows: That the Respondent made a …