MONDAY NWADINOBI V. MRS. MARY BOTU

AKINTAN, JCA (Delivering the Lead Judgment): The appellant, Monday Nwadinobi, was the defendant while the respondent, Mrs. Mary Botu, was the plaintiff in this action instituted at Warri High Court as suit No. W/185/92. The plaintiff’s claim as set out in paragraph 13 of the amended statement of claim is for:

(a) N250,000 for damages suffered on 27th January, 1992 for assault and nervous shock when the defendant pointed a pistol at the plaintiff.

(b) N250,000 damages for false imprisonment on the same day; and

(c) N500,000 damages for libel.

Pleadings were filed and exchanged and the case went for trial before Obi, J. sitting at Warri High Court in Delta State.

The parties led evidence in support of their respective pleadings. The dispute that led to the institution of the action arose over a lock-up shop at the Warri main market. The appellant was a sub-tenant of one Madam Ekukugho who was the head-licensee to the Warri South Local Government.

The appellant was to vacate the shop on or …