(2018) JELR 38699 (CA)    

Court of Appeal  ·  CA/E/589/2013 ·  18 Jul 2018 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
writ of summons
statement of claim
public holiday
civil procedure
high court of anambra state
learned trial judge
notice of appeal
trial court
action law cap
record of appeal
anambra state
essential ingredients of his claim
integral part of the writ of summons
leading judgment
suit no.
virtue of order
adelusola vs. akinde
briefs of argument
chief magistrate court
chief magistrates court
commencement of an action
contradictory nature of the evidence of defence witness
courts vacation period
decision of the high court
decision of the high court of anambra state
evaluation of evidence
executive of that section of the market
facts of the case
following days
grounds of objection
high court of anambra state vide
lead evidence
malicious complaint
perspectives of the appellant
points of preliminary objection
provisions of order
public holiday period
respondents property
said court
said date
said suit
strength of respondents counsels application
way of preliminary objection

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Anambra State sitting in Onitsha, Coram: Chudi Nwankwor, J. delivered on the 10th September, 2013 in suit No. 0/248/2012 striking out the said suit on account of incompetence. The appellant was the plaintiff at the said Court.

The facts of the case, from the perspectives of the appellant is that, the respondent on or about the 15th April, 2005 made a false and malicious complaint against him (appellant) at Okpoko Police Station Ogbaru, Anambra State that he maliciously and unlawfully damaged the wall and building of her (respondents) store at Ogbaru Main market Okpoko.

On the basis of the complaint, the appellant was arrested by the police and later charged to the Chief Magistrates Court, Atani Ogbaru, Anambra State on a one count charge of malicious and unlawful damage to the respondents property in charge No. MGB/82C/2005: COP V. Prince Chigozie Uba. After two witne…

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