Josiah Otameh V. Adekunle Adesanya & Co (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

The facts of the case that led to this appeal relate to two traders who occupied adjoining market stalls of No.84 and 89A Akarigbo Street Sagamu Ogun State. They, the appellant and the respondent both dealt in the same articles of Merchandise such as radio, television, refrigerators air conditioners electric fans video set and recorders.

From the findings of the trial Court, bitter rivalry and jealousy arose over customers and sales whereby respondent began alleging that appellant was enticing his customers away with the use of charm with a view to stifling appellant out of business.

The feud between these trader/neighbours became so intense that on a frequent basis, the respondent went to the police and allege some complaint either bothering on use of charms against him (respondent) to destroy his business or to conduct likely to cause breach of peace or to burglary’ These happened on several occasions in 1985, 1990 and in 1993.

On each of those occasions, the police would promptly arrest and detain the respondent however briefly but yet no prosecution took place because the appellant would withdraw the case

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The

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proximate incidence was that of 1st September, 1993 when the appellant wrote the police in Exhibit C alleging that 1st and 2nd respondents burgled his shop on the night of 31/8/93 whereupon the police arrested and detained those respondents. In the course of the investigation, the police sought to execute a search warrant on the shop and house of the 1st and 2nd respondents and asked appellant to accompany them to identify the alleged stolen materials. Appellant refused and later withdrew the complaint whereupon respondent brought the suit in the High Court Sagamu Ogun State claiming as per his amended statement of claim thus:

(a) A declaration that the series of arrests and detention of the 1st plaintiff by the Sagamu Police on several occasions and the subsequent arraignment of the 1st plaintiff at instances of the defendant was malicious and wrongful.

(b) The sum of five hundred thousand (N500,000,00) Naira as damages for loss of income, harassment, unlawful arrests and detention and consequential loss to the plaintiffs resulting from the said arrest, false imprisonment and frivorous prosecution by the Police in Sagamu at the defendant?s

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instance, thereby depriving the plaintiffs of their freedom and imputing bad character to the Plaintiffs.

(c) The plaintiffs jointly and severally claim from the defendant the sum of five hundred thousand Naira (N500,000.00) as damages for the unlawful arrests and malicious procurement of the arrests, detention and prosecution of the 1st plaintiff at the instance of the defendant.