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OGBONNA
V.
OGBONNA & ANOR

(2014) JELR 33198 (CA)

Court of Appeal 17 Jan 2014 Nigeria
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- The appellant in a malicious prosecution case filed an appeal against a judgment awarding damages to the respondents. - The appellant argued that the respondents failed to prove malicious prosecution and that the evidence presented was in

Case Details

Suit Number:CA/K/200/2008
Judges:THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:Chief Chris A. Akhasemomhe For Appellant Brain G. I. Nwogbo Esq. For Respondent

ITA G. MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court, in Suit No. KDH/KAF/54/2005, delivered by HON. JUSTICE L. D. ABA on 30/6/2008, wherein the court held in favour of the Respondents, awarding special and general damages, totaling one million three hundred and forty five thousand, five hundred naira (N1, 345,500.00) to the Respondents and cost of N10, 000.00 for malicious prosecution.

Appellant was the defendant at the lower court and the Respondents, Plaintiffs. The Plaintiffs had claimed as follows, as per their Amended Statement of claim on page 6 of the Record:

(i) N870, 000.00 being special damages for monies spent to hire the services of Counsel to appear for them at both the Police Station, at various times and in Court at various adjournments, filing Court processes and obtaining Court records.

(ii) N1,130,000.00 general damages for miscellaneous expenses incurred in respect of the Police arrests, detention an…

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