Ibrahim Tanko & Anor. V. Baba Mai-waka & Anor. (2009)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER-ODILI J.C.A.

At the Niger State High Court presided over by the Honourable Justice Aisha A.L.B. Bwari the Plaintiffs (now Respondents) claimed the following:-

(a) The 1st Plaintiff claims against the Defendants jointly and or severally the sum of N400,000.00 being damages for psychological distress;

(b) The 2nd Plaintiff also claims against the Defendants jointly and or severally the sum of N200,000.00 being damages for unlawful detention, defamation of character and psychological distress.

(c) AND the Plaintiffs also demand a written apology from the Defendants respecting the defamatory allegations.

(d) Such further or other reliefs as the justice of this case may demand.

Witnesses testified and both counsel addressed the court and the trial Court dismissed the case against the 1st and 2nd defendants but found against 3rd and 4th and the Defendants 3rd and 4th appealed on three grounds which I shall restate below:-

“GROUNDS OF APPEAL:

(1) the trial court misdirected itself on the facts when it held that plaintiffs were arrested and detained by the Police on false allegations.

(2) The award of damages in favour of the Plaintiffs is wrong in law.

(3) The judgment of the trial Court is against the weight of evidence.”

On the 7th of April 2009 when the appeal was heard the Appellants adopted their Brief filed on 5/2/08 and on it were framed two issues for determination which are as follows:-

1. Whether the Respondents were arrested and detained by the Police at the instance of the Appellants but later exonerated of allegations in the two complaints lodged by the Appellants to the Police.
2. Whether the respondents were entitled to the damages awarded.

The Respondents’ counsel adopted their Brief filed on 25/3/08. The Respondents also adopted the issues as formulated by the Appellants.

ISSUE NO.1: