MR. Bob Lin & Ors V. Clifford Nwagbara & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Cross River State sitting in Akampa delivered on the 10th June, 2014 by AKON IKPEME, J.

The Respondents after being acquitted of criminal charges Initiated against them based on the complaint of the Appellants had taken out a writ of summons at the trial Court against the Appellants seeking the following reliefs:

1. The sum of N150,000,000 being general and/or exemplary/aggravated/punitive damages for the false imprisonment of 1st Claimant in that without any reasonable grounds the Defendants maliciously, malevolently, unconscionably and unlawfully instigated and encouraged the arrest and detention of 1st Claimant at different times and different places.
2. The sum of N200,000,000 general and/or exemplary/aggravated/punitive damages for maliciously, malevolently and unconscionably instigating the prosecution of 1st Claimant without reasonable or probable grounds.

AS RESPECTS 2ND CLAIMANT

3. The sum of N130,000,000 general and/or exemplary/aggravated/punitive damages for the false

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imprisonment of 2nd Claimant in that without any reasonable grounds the Defendants maliciously, malevolently, unconscionably and unlawfully instigated and encouraged the arrest and detention of 2nd Claimant of different times and different places.

4. The sum of N200,000,0000 general and/or exemplary/aggravated/punitive damages for maliciously, malevolently and unconscionably instigating the prosecution of 2nd Claimant without reasonable or probable grounds.

AS RESPECTS TO 1ST AND 2ND CLAIMANTS:

5. Special damages in the sum of N3,000,000 being the current market value of various scraps purchased by Claimants but unlawfully detained by Defendants.
6. Special damages in the sum of:

(a) N1,200,000 being the current market value of a Bedford model Tanker purchased by Claimants from 3rd Defendant but being unlawfully detained by Defendants.

(b) N500,000 being the current market value of a Mercedez Benz 23OG Jeep purchased by Claimants from 3rd Defendant but being unlawfully detained by Defendants.

(c) N2,350,000 being the current market value of a Land Rover supplied to Defendants by Claimants for which no payment was made.

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Issues were joined by the parties and at trial while the 2 Respondents as Claimants testified in support of their pleadings, the Appellants as Defendants initially put forward the 2nd Appellant as their witness but he did not complete his testimony and was replaced by another witness. The learned trial Judge took final addresses from counsel for the two sides and in a considered judgment delivered as aforesaid on the 10th June, 2014, dismissed the reliefs of the Respondents for special damages but not impressed by the sole witness for the Appellants found against the Appellants on general damages and made various monetary awards to the Respondents in this regard.

Dissatisfied with this outcome, the Appellants invoked the appellate jurisdiction of this honourable Court via a notice of appeal filed on the 9th July, 2014 containing 9 grounds.

At the hearing of the appeal, Mr. Idiege the learned counsel for the Appellants adopted the Appellants’ brief filed on the 2nd October, 2014 and the appellants’ reply brief filed on the 22nd December, 2014 as the arguments of the Appellants in furtherance of this appeal.