Mr Mike Nnachi V. Sir Cyril Onuorah & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

The 1st Respondent as Plaintiff had taken out a writ of summons from the Registry of the FCT High Court, (to be called High Court after now) against the Appellant and the 2nd Respondent on which were endorsed, the following claims:-

“(a) The sum of N1 million Naira for unlawful arrest, defamation of character and false imprisonment.

(b) An unreserved letter of apology to him and copied to the following:

i. Knight of St John International Commandry 472 und 507.

ii. Police officers Mess Abuja.

iii. Igbo Traditional Council Yola and Abuja-

(c) The sum of N150,000 being legal fees for the prosecution of this suit.”

The above claims were repeated at paragraph 29 of the statement of claim (s/claim) at pages 9-10 of the record of appeal.

After the service of the above processes on the Appellant, he caused a statement of defence to the claims by the 1st Respondent to be filed on the 2/3/02.

Though the record of the appeal indicate that the 2nd Respondent was duly served with all the processes of the case before the High Court, the record does not show that the 2nd Respondent had filed any process or appeared or was represented throughout the trial.

The 1st Respondent testified in support of his claims and also called two (2) other witnesses after whose evidence his case was closed.

The Appellant elected to make a no case submission and not to call evidence in support of the defence filed. Eventually after a consideration of the written addresses on the no case submission and the evidence called by the 1st Respondent, the High court decided in the judgment appealed against, that a case had been made out against the Appellant and awarded damages against him and the 2nd Respondent jointly and severally. The Appellant was in addition ordered in the said judgment delivered on 26/1/07, to write a letter of apology to the 1st Respondent.

Dissatisfied with the decision, a notice of appeal containing six (6) grounds was filed on the 1/2/07 for the Appellant to challenge it in this Court. It is expedient that I set out the grounds of the appeal without their respective particulars and they are as follows:-