TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): By an Amended Writ of Summons and Amended Statement of claim dated and filed on the 18th day of December, 2015, the Respondent as Claimant instituted an action against the Appellant as defendant at the High Court of Rivers State Port Harcourt claiming as follows:
1. A Declaration that the Defendant’s allegation and reference to the Claimant as a “thief” which culminated in his prosecution at the Port Harcourt Magistrate Court in Charge Number PMC/1467C/2008-COMMISSIONER OF POLICE v. SOKEH JOHN CHINEME at the instance and instigation of the Defendant and which terminated in favour of the Claimant is defamatory.
2. A declaration that the prosecution of the Claimant in charge Number PMC/1467C/2008-COMMISSIONER OF POLICE v. SOKEH JOHN CHINEME at the Port Harcourt Magistrate Court at the instance of the Defendant without probable cause which prosecution terminated in favour of the Claimant is malicious.
3. N20,000,000.00 (Twenty Mil…