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SULE MOH'D KAZUARE & ORS v. ALH. SHEHU MOH'D KAFINTA & ORS

(2014) JELR 36620 (CA)

Court of Appeal  •  CA/K/110/2007  •  18 Feb 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kano State High Court in suit No.K/513/95, delivered by Hon. Justice Wada A. Umar on 30/7/2004, wherein the learned trial judge entered judgment in favour of the plaintiffs (Respondents herein) and awarded them the sum of three hundred thousand Naira (N300,000.00) for malicious prosecution and ten thousand (N10,000.00) as cost of the action. The plaintiffs' claim, as per the writ of summons was for:

"(a) The sum of N2,500,000.00 ... being damages for malicious prosecution and defamation of character of the plaintiffs at Chief Magistrate Court 10 Noman's Land Kano for no cause."

(b) Costs."

At the trial, the plaintiffs called four witnesses. The Defendants called one witness (DW1). The case was adjourned for continuation of hearing on 3/6/2004 and on that date there was no record that the Defendants were present in Court. Their Counsel was absent. The plaintiffs' Counsel prayed the Court t…

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