RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court of Justice, holden in Okitipupa delivered on the 7th of December, 2016 in suit no. HOK/60/2007.
FACTS OF THE CASE IN BRIEF
The plaintiff (Respondent in this appeal) claimed against the Defendants (Respondents in this appeal) as follows:
“The Plaintiff claim against the Defendants jointly and severally is for the sum of one hundred million naira (N100,000,000.00) only being damages suffered on account of prosecuting maliciously and without reasonable and probable cause, a criminal case of conspiracy and stealing against the claimant which terminated in his favour at the magistrate Court No. 1 Okitipupa within the jurisdiction of this Honourable Court “ – pages 1-2 of the Record of Appeal.
As a result of alleged various acts of the Respondent which culminated in his arrest and subsequent prosecution, the claimant instituted the action at the High Court of Justic…