Alhaji Bello Barau V. Influence Chaba (1994)

LawGlobal-Hub Lead Judgment Report

OPENE, J.C.A. 

This is an appeal against the decision of Coomassie J. (as he then was) on 24/04/92 in which he found the appellant liable for malicious prosecution of the respondent whereupon he awarded the sum of N50,000.00 (Fifty Thousand Naira) in favour of the respondent.

A brief fact of the present case is that on or about the 5th day of July 1989, the appellant’s house at No.3 Wasiri Maccido Road, Malali, Kaduna was burgled by some unknown persons and so many valuable properties were stolen.

The appellant then lodged a report at the Police Station, Malali, Kaduna. Before this incident, the appellant had a contractual relationship with Security Guard System (a Security Company) at No. 6/7 Gboko Road, Zango House, Ungwan Kanawa, Kaduna in which the respondent and three other persons were employees.

The respondent and the three other persons were at various times posted to guard the appellant’s house before the appellant’s house was burgled.

In course of the Police Investigation, P.W.3, a Police Officer went to the Security Guard System to find out the persons that were guarding the appellant’s house prior to the incident. Later the respondent and three other Security men were arrested and then arraigned before the Area Court, Malali Kaduna for criminal conspiracy and theft.

At the Area Court the appellant and the investigating Police Officer (I.P.O) that is P.W.3 were not called to testify and the respondent and the other three persons were discharged under Sect. 165 of Criminal Procedure Code for failure of the prosecution to call the witnesses.

On 17/5/90, the respondent filed this suit claiming as follows:-

“The plaintiff’s claim against the defendant is for the sum of N1,700,000 (One Million, Seven Hundred Thousand Naira) being damages for the malicious prosecution of the plaintiff at the instance of the defendant.

PARTICULARS

1. At the instance of the defendant, the plaintiff was on or about 7th July 1990, arrested and subsequently arraigned before the Malali Area Court for conspiracy and theft of the defendant’s property.
2. The plaintiff was after several adjournments, all at the instance of the defendant, discharged by the court.
3. The plaintiff did not steal the defendant’s property as alleged and there was no basis for his prosecution for the alleged theft.”

Pleadings were duly filed and exchanged and the matter went into a full trial and at the end, the learned trial Judge found the appellant liable for malicious prosecution and awarded the sum of N50,000.00 (Fifty Thousand Naira) in respondent’s favour. Dissatisfied with the said Judgment the appellant has now appealed to this court.

The appellant filed 7 grounds of appeal which read as follows:

Grounds of appeal:

(1) That the learned trial Judge erred in law in holding the defendant/appellant liable for malicious prosecution of the plaintiff/respondent in this suit when:-