ALHAJI JIBRIN GARBA V. ALHAJI ISA TARIHU MAIGORO

OKEZIE, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Gongola State Holden at Yola in a claim for damages for defamation of character, malicious prosecution and injunction.

The parties exchanged pleadings. The plaintiff testified and called 4 witnesses and the defendant who also testified called one witness.

The case for the plaintiff was briefly: that he was a plaintiff in an action against the defendant in the High Court, while the defendant was a complainant in a criminal case on allegations of criminal defamation of character against the plaintiff at the Area Court. That the defendant lodged a report with the police that the plaintiff set fire on his vehicle parked in front of his residence on the 21st November, 1988.

Consequently, the plaintiff was arrested, interrogated and detained for about two days. The Police later charged the plaintiff with an offence of mischief by fire before the Upper Area Court Yola. He was discharged o…