OYEBISI F. OMOLEYE, J.C.A (Delivering the Leading Judgment): This appeal is against the decision of T.C. Makwe, J., of Warri Division of the Delta State High Court (hereinafter referred to as the trial Court) in Suit No. W328l99 delivered on 27th July, 2004.
The background facts of this matter are that, in November, 1999, the Respondent who was the plaintiff at the trial Court issued a writ against the Appellant as defendant, claiming the sum of two million naira being special and general damages for malicious prosecution. After pleadings have been filed and exchanged by the parties, trial in the suit was commenced on 30th January, 2001, before Hon. Justice T. C. Makwe. The Respondent gave evidence and called his first witness. At the close of the evidence of the said first Respondent's witness on 24th May, 2001, the Respondent applied for and was granted an adjournment to enable him call some more witnesses. Thereafter there were a Couple of hearing.
On 16th April, 2002, when the cas…