Alhaji Tsoho Musa V. Salau Yusuf (2006)

LawGlobal-Hub Lead Judgment Report

TSAMIYA, J.C.A.

The appellant was a defendant in suit No. PLD/J/198/96 instituted by the respondent (as plaintiff) at the Plateau State High Court of Justice (hereinafter referred as the trial court) wherein the respondent claimed by his writ of summons and paragraph 10 of the Statement of Claim as follows:

“WHEREFORE: the plaintiff claims against the defendant;

i. The sum of N300,000.00 (Three hundred thousand Naira only) as damages for malicious prosecutions.

ii. The sum of N200,000.00 (Two hundred thousand Naira only) as damages for injurious prosecution and the costs of this action.”

In a strict compliance with the order of the trial court, pleadings were duly filed and ex-changed and the matter came up for hearing before Damulak J. At the conclusion of the hearing of evidence of witnesses, called by the parties’ counsel, the parties’ counsel delivered their respective addresses.

The learned trial Judge, delivered a considered judgment in favour of the plaintiff/respondent by granting him the sum of N100,000.00 (One hundred thousand Naira only) as damages.

The defendant/appellant was aggrieved by the judgment and has now appealed to this court upon five grounds of appeal, originally filed on 4/8/2000. With the leave of this court granted on 18/11/2002 the defendant/appellant filed on the same day of 18/11/2002 an amended notice of appeal containing seven grounds of appeal. The seven grounds of appeal with their particulars read as follows:-

1. The learned trial Judge misdirected himself on the facts when he held that- “The plaintiff reacted and took both the workers and cement to the police station” and thereby occasioned a miscarriage of justice.

Particulars of Misdirection

a. In his evidence at pages 33-34 of the record, the plaintiff never said that he took both the workers and cement to the police station.

b. Similarly in his summary of the plaintiffs evidence at pages 64-65 of the record, the learned trial Judge never stated that the plaintiff took both the workers and cement to the police station.

c. No police officer was called from any police station to testify to such effect.

2. The learned trial Judge erred in law when he held that “From the pleadings and evidence before me, I find that the prosecution of the plaintiff was at the instance of the defendant and it was vindictive in nature” and the error has occasioned a miscarriage of justice.