Abuja Market Management LTD & Anor V. Prince Izuchukwu Osuchukwu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment)

The respondent as plaintiff at the High Court of Federal Capital Territory holden at Abuja by a writ of summons dated 20th June, 2010 claimed against the Appellants as follows:

a. A declaration that the said detention of the plaintiff by the 1st Defendant in their premises and subsequent detention by the Police Provision (sic) to the false information by the 1st and 2nd Defendants is unlawful as it amounts to false imprisonment.

b. A declaration that the said prosecution of the plaintiff by the police upon the false information by the defendants is malicious prosecution.

c. A declaration that the information given by the 1st and 2nd defendants amount to defamation of character.

d. The sum of N3,000,000.00 (Three million naira only) being damages.

Briefly, the facts, as presented by the plaintiff are that the defendants, without justification caused the police to arrest, detain and maliciously prosecute the plaintiff upon trumped up charges of impersonation and forgery at the Magistrate Court. The defendants on their part completely denied

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the claim and testified that they merely reported the plaintiff to the police to investigate the matter of tampering with electric transformers without participating in the criminal proceeding against the plaintiff. They denied responsibility for detention of the respondent for three days at the police station and the subsequent prosecution by the police.

After a full trial, judgment was delivered in favour of the Respondent save for claim (C) for defamation which failed. N2,000,000 (Two million naira) was awarded as damages; in addition, 10% annual interest on the judgment sum until the debt is liquidated. Dissatisfied, the Appellants, by a Notice of Appeal dated 23/5/2013 appealed to this Court on five grounds (pages 2-5 of the Supplementary Record of Appeal), reproduced hereunder, shorn of their particulars:-

1. The judgment is against the weight of evidence.
2. The learned trial Judge erred in law when he held as follows:

“The Defendants to pay the sum of two million Naira (N2,000,000) for false imprisonment and malicious prosecution”.

3. The learned trial judge erred when he held that the defendants were liable in damages for

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malicious prosecution.

4. The learned trial Judge erred in law when he awarded general damages against the defendants for false imprisonment and malicious prosecution.
5. The learned trial Judge misdirection himself when he held and awarded as follows:

“The defendant to pay 10% annual interest on the judgment sum with effect from today 27th day of February 2013 until the whole judgment debt is liquidated”.