Compagnie Generale De Geophysique (Nig) Limited V. John Ariemughare (2016)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A. 

This appeal emanated from the Judgment of the High Court of Justice, Effurun Judicial Division of Delta State of Nigeria in Suit No. EHC/104/99 JOHN ARIEMUGHARE VS COMPAGNE GENERALE DE GEOPHYSIQUE NIGERIA LIMITED delivered on 1st day of August 2007 wherein Judgment was given in favour of the Respondent and against the Appellant.

Briefly, the facts of the case are that by the Writ of Summons and by paragraph 18 of the 4th Amended Statement of Claim, the Respondent claimed as follows: –
Whereof the Plaintiff claims against the Defendant as follows:
(a) SPECIAL DAMAGES
Cost of Medical Treatment
(i) On 17th July 1996 N 22,500.00
(ii) On 23rd July 1996 N 16,500.00
(iii) On 28th July 1996 N 85,000.00
(iv) On 6th September 1996 N 102,800.00
(v) On 21st October 1996 N 6,200.00
N 233,000.00

Monies extorted from the Plaintiff by the Defendant and its agents
i. On 15th July 1996 at Port Harcourt
feeding expenses at a restaurant N 5,250.00
ii. On 15th July 1996 for accommodation
of Mr. Danjuma

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and his friend N 5,000.00
iii. Cost of transportation being half of
the Total cost of N20,000.00 for
charter of vehicle to and from Port-
Harcourt N 10,000.00
N 20,250.00
(b) GENERAL DAMAGES
(i) N1,000,000.00 (One Million Naira) in
that Plaintiff was unlawfully arrested and falsely imprisoned from the 12th day of July through the 13th day of July 1996 at the Police Station, Sapele.
(ii) N1,000.000.00 (One Million Naira) in
that on the 22nd day of July 1996, the Defendant maliciously prosecuted the Plaintiff in Charge No. MS/295C/96 wherein Plaintiff was discharged.
(iii) N500,000.00 in that the Plaintiff has
suffered damages from the Defendant by falsely and maliciously alleging speaking, writing and publishing of the Plaintiff to the Police and others namely John Ariemughare stole tripod valued N20,000.00 property of C.G.G Company.
(iv) N500,000.00 in that the Plaintiff /Applicant lost his tooth at the age of a full grown adult which can never be replaced again.

At the conclusion of hearing, Judgment was entered in favour of the Respondent and a total sum of (N1,783,500.00) one

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million, seven hundred and eighty-three thousand, five hundred Naira was awarded as damages in his favour, for false imprisonment arising from the alleged unlawful arrest, malicious prosecution and body injury.

The Appellant who is dissatisfied with the Judgment of the lower Court now appealed to this Court.

The learned counsel for the Appellant formulated two issues for the determination of the appeal. The issues are reproduced as follows:
(1) Whether the Appellant is liable to
Respondent for false imprisonment, malicious prosecution and loss of tooth.
(2) Whether Respondent’s suit ought not to
dismissed on grounds of incompetence.

On his own part, the learned counsel for the Respondent adopted the two issues formulated for determination of the appeal by the Appellant. At the hearing, the learned counsel for the Respondent referred to the Preliminary Objection which was filed on behalf of the Respondent. He stated that the objection was argued on pages 2 to 6 of the Respondent’s brief of argument filed on 2/4/2013.
He adopted and relied on the Preliminary Objection as his argument in urging that the appeal

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be dismissed.

The learned counsel for the Appellant, in his response, referred to the Appellant’s reply brief of argument filed on 19/2/2016 which was deemed as properly filed on 29/2/2016.