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NZEAKO, JCA (Delivering the Lead Judgment): On the 29th of October, 1990, the plaintiff filed the action from which this appeal arose at the High Court of justice, Yobe State. He claimed from the defendant, who is the appellant herein, the sum of ₦100,000.00 being damages for malicious prosecution. Pleadings were exchanged between the parties, the matter went to trial before Nabarum J. sitting at Potiskum. After hearing parties and their witnesses, the learned trial Judge gave judgment on 5th September, 1994 for the plaintiff. The defendant, dissatisfied, has appealed to this court. His amended notice of appeal filed by leave of this court on 10/6/97, contains 3 grounds, now set out (without their particulars).
Grounds of appeal
“1. The learned trial Judge of the High Court of Justice Potiskum erred in Law when he delivered his judgment outside the stipulated three months from the final addresses of counsel in contravention of the provisions of section 258(1) of the constitution of …