OGWUEGBU, JSC (Delivering the Leading Judgment): This is an appeal by the 1st defendant in the trial court against the judgment of the Court of Appeal, Benin Division dismissing his appeal to that court.
The 1st respondent as plaintiff instituted an action in the Asaba Judicial Division of the High Court of the former Bendel State against the appellant as the 1st respondent and the 2nd respondent as the 2nd defendant claiming the sum of ₦20,000.00 jointly and severally for the tort of false imprisonment.
The 1st respondent in paragraph 22 of his statement of claim averred as follows:-
"WHEREFORE the plaintiff brings and claims from the defendants , jointly and severally the sum of ₦20,000.00 being general damages for false imprisonment in that on or about the 2nd day of May, 1982 at Asaba in the Asaba Judicial Division the 1st defendant falsely and maliciously preferred before the Nigeria Police Asaba a charge of wilful and unlawful damage to his (1st defendant's) property at Asaba an…