MADAM BIKE FADEYI & FATAI OWOLABI V. MUFUTAU OWOLABI & SAKA BUSARI

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of Ogunsola J. of the Osun State High Court sitting at Osogbo and delivered 6th February, 2007.

The plaintiffs at the trial court vide their writ of summons and statement of claim sought the following relief against the defendants:

The sum of N2 Million Naira being general damages for unlawful arrest, detention, indignity to the person, public disgrace and Malicious Prosecution of the plaintiffs by the defendants at Osogbo between 10/07/2001 and 28/11/2002.

Parties exchanged pleadings and the case proceeded to trial in the course of which the Plaintiffs called three (3) witnesses and the defendants testified in their defence as 1st DW and 2nd DW respectively. At the close of trial parties filed and exchanged written addresses. In a considered judgment delivered 6th February, 2007, the trial Judge entered judgment in favour of the plaintiffs and against the defendants jointly and…