HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice P. C. Okoli of the Imo State High Court sitting in the Oguta Judicial Division of the Court. The said judgment was delivered on the 24th day of November, 1992 wherein the learned trial Judge gave judgment for the Plaintiff/Respondent.
The Respondent as Plaintiff at the Lower Court brought an action against the Appellants as Defendants for malicious prosecution and claim against them jointly and severally the sum of N50, 000.00 (Fifty Million Naira) being special and general damages particulars of which was given at paragraph 12 of the Statement of Claim filed on the 4th day of February, 1992 as follows:
PARTICULARS OF SPECIAL DAMAGES
1. Loss of business whilst attending Court at the rate of N5, 000.00 for each day the Plaintiff attended Court. Total number of appearances in Court was 16 days x 5,000.00: N80, 000.00
2. Cost of Crank shaft N32, 000.00