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SUNDAY D. BAYAM V. JOB AGANA

(2010) JELR 47501 (CA)

Court of Appeal  •  CA/J/263/2004  •  14 Jan 2010  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; UZO I. NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A (Delivering the Leading Judgment): The instant appeal is a fall-out of the judgment of the Taraba State High Court of Justice sitting at Jalingo Judicial Division, delivered by His Lordship Y.A Bashir, J. on 26/02/06 in Suit No. TRSJ/10/2003, between the parties herein.

The genesis of this appeal is traceable to 28/02/03. That was the date on which the Respondent caused a writ of summons, bearing Suit No. TRSJ/10/2003, to be issued out against the Appellant for malicious prosecution.

By virtue of the 26 paragraphed amended statement thereof, dated 21/7/03, the Respondent claimed against the Appellant the following reliefs:

"26.

(a) The sum of N3,000,000.00 being general damages for malicious prosecution.

(b) The sum of N3,000,000.00 being aggravated and/or exemplary damages.

(c) The cost of filing and prosecution (sic) of this suit.

The Appellant, in the Respondent's statement thereof, dated 22/7/03, denied the said claim, and accordingly urged th…

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