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OLUSHOLA & ANOR
V.
FRIDAY

(2021) JELR 109589 (CA)

Court of Appeal 19 Nov 2021 Nigeria
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- The Respondent, a security officer formerly employed by the 2nd Appellant, was prosecuted (and discharged) for theft of employer’s property; he subsequently brought claims in the High Court for malicious prosecution, loss of income, and g

Case Details

Suit Number:CA/B/266B/2017
Judges:Biobele Abraham Georgewill, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA
Counsel:Ololeye Sokale For the Appellant; D. L. Aimofumed, with him, E. E. Ihensekren and J. I. Omorogbe For the Respondent.

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal stems from the ruling of Hon. Justice P. A. Akhihiero of the High Court of Edo state, Agenebode Judicial division delivered on the 24th day of April, 2017 in Suit No. HAG/18/2016 wherein the Respondent claimed against the Appellants the following reliefs;

(a) A Declaration that the prosecution of the Respondent at Magistrate’s Court, Okpella in Suit No. MCO/19C/2014 at the instance of the Appellants is malicious.

(b) The sum of N117,229.42 as loss of income per month from the 1st January, 2015 until judgment is delivered.

(c) N50,000,000. 00 (Fifty Million Naira) being general damages for the malicious prosecution at the Chief Magistrate’s Court, Okpella in MCO/19C/2014.

SUMMARY OF FACTS

The 2nd Appellant was/is the employer of the following people;

​1. Adeniyi Olushola (1st Appellant) 2. Eshieshi Andrew (Respondent) 3. Giwa Friday 4. Billa Saliu 5. Adolphus Yakubu who worked as Security officers for th…

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