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JONATHAN OKOLO & ANOR v. UJU OBI

(2017) JELR 37211 (CA)

Court of Appeal  •  CA/MK/9/1998  •  24 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court sitting at Katsina-Ala in Suit No. KHC/66/96, delivered on July 17, 1997 wherein the judgment was entered in favour of the Respondent.

The Respondent, jointly with one Nkiru Obi, as plaintiffs at the lower Court, initiated proceedings against the Appellants, claiming the sum of N1.5 million for false imprisonment, malicious prosecution and general damages. The writ of summons and statement of claim were subsequently amended, with leave of the trial Court by excluding the name of Nkiru Obi and adding the claim for professional legal fee. The facts as disclosed by the pleadings and evidence before the trial Court are that on the 3/8/92 one Chinwe Mba, a cousin of the Appellants, lodged a complaint at the "A" Division Police Station, Gboko, against the Respondent and one Nkiru obi for pouring acid on her back which caused her serious bodily hurt. The police e…

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