M.I. NIGERIA LIMITED V. AWONGO ODIBO HARRY

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): By a writ of summons dated and issued on the 12/8/2000 in the Registry of the Rivers State High Court [hereinafter court below], the Respondent as Plaintiff, claimed against the Appellant as Respondent, as follows:

(1) The sum of N100,000.00 as aggravated damages for malicious prosecution,

(2) The sum of N10,000.00 per day as special damages from 16th November, 1999 until judgment.

At the end of trial, the court below found for the Respondent and entered judgment on 25/11/2004 in his favour in the following terms: -

(1) An order that the defendant pays to the plaintiff the sum of N10,000.00 [Ten thousand Naira], per day as special damages for loss of business of car hiring from the 16th November, 1999 until the day that judgment is delivered.

(2) An order that the defendant pays to the plaintiff the sum of N180,000.00 [Eighty Thousand Naira] as aggravated damages for malicious prosecution.

This appeal is against the above de…