Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2006) JELR 49422 (CA)    

Court of Appeal  ·  CA/L/501/99 ·  26 Apr 2006 ·  Nigeria
Other Citations
UAC (Nig.) Plc v. Sobodu (2007) 6 NWLR (Pt.1030)
DALHATU ADAMU Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
judgment of the high court of lagos state
said defendant
magistrate court
facts of the case
tort of malicious prosecution
trial court
tort of false imprisonment
said magistrate court
said respondent
trial judge
unlawful arrest
present case
brief of arguments
leading judgment
interpretation of the above authority of the apex court
malicious prosecution
said court
false imprisonment
learned trial judge
support of the submission
discretion of the court
sets of issues
instant case
respondents relief
grounds of appeal
brief points
proof of his allegation of false imprisonment
decision of the learned trial judge
supreme court
panti police station
detention of the respondent
lower court
humble view
probable cause
reasonable cause
respective briefs of arguments
draft of the lead judgment
lamidi apena
support of the above argument
respondents claim of false imprisonment
learned trial judge e. f. longe
exercise of such discretion
hardware department of kingsway stores
extent of malice

ADAMU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State sitting at Ikeja Judicial Division delivered on 22/9/91.

In his judgment the learned trial Judge E. F. Longe, J held that the plaintiff/respondent was entitled to damages from the defendant/appellant for his unlawful arrest and detention by the police upon a report made against him by the said defendant/appellant (hereinafter called "the appellant"). The facts of the case giving rise to the appeal are as follows:-

The plaintiff/respondent (also hereinafter called "the respondent" was employed by the appellant as a sales clerk and he rose to become the Hardware Merchandise Controller before his employment. Before then, the appellant had discovered a fraud which took place in its hardware department of Kingsway Stores sometime before 13/6/85 whereby an amount over ₦800,000.00k was found to have been stolen. The appellant promptly reported the matter to the police and on …

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