Mohammed Hamza Moddibo V. Miss Hadiza Abdulmalik (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Kaduna State delivered on the 31st day of January 2013 by Hon. Justice lsa Aliyu.

The facts of the case, by the pleadings and evidence of the Respondent, who was the Plaintiff before the lower Court, is that the Respondent operates a business centre. She offered it to the Appellant for purchase. Both of them agreed at the price of N750,000. The Appellant paid a deposit of N100,000 and subsequently paid the sum of N150,000. He followed this up with a cheque for the balance of N600,000.

The cheque was however dishonored. In lieu, the Appellant paid N300,000 promising to pay the balance of N300,000. Rather than pay the balance, the Respondent resorted to threats, subsequently causing her to be arrested and detained until she made the undertaking to refund the part payment of N450,000. She instituted an action before the High Court of Kaduna State for the enforcement of her fundamental human rights. Granting the application, Zailani J declared the transaction to be a civil transaction and restrained the Appellant from further arrest of the Respondent. Undeterred,

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the Respondent continued with the criminal action before the Upper Sharia Court, culminating in the discharge of the Respondent. She in consequence, instituted the present action leading to this appeal, seeking for the following reliefs:

i. Special damages in the sum of N30,000.00 being legal fees for search and preparation of deed of assignment in respect of a plot at Malali, Kaduna the purchase of which was induced by the misrepresentation emanating from the Defendant, Defendant having promised to pay Plaintiff the sum of N300,000.00 which Plaintiff would have used in purchasing the plot defendant thereafter refused to pay the money so promised and plaintiff could not proceed with the purchase of the plot but lost the legal fees already paid.

ii. Special damages in the sum of N242,000.00 being legal fees for instituting and prosecuting fundamental rights proceedings before the High Court of Justice of Kaduna State in suit No. KDH/KAD/389M/2007 and for the defence to conclusion of case No. 98/2007 before the Upper Sharia Court Daura Road, Kaduna in which the Plaintiff was the accused person.

iii. Legal fees for the institution and prosecution of

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this suit in the sum of N150,000.00

iv. General and exemplary damages for causing unlawful arrest, detention and malicious prosecution in the sum of N2,000,000.00.

The trial Judge, lsa Aliyu J, while dismissing all other claims, granted the claim for malicious prosecution, awarding to the Respondent the sum of N720,000 as General Damages. lt is against this award that the Appellant has appealed, by a Notice of Appeal, dated 6/2/13 and filed on 7/2/13. While the Appellant filed a Brief of Argument, the Respondent filed none. The Appellant was granted leave on 11/11/15 for the hearing of the appeal based solely on the Appellant’s Brief of Argument.

In his Brief of Argument dated and filed on 3/10/13, settled by M.T. Mohammed Esq, two issues were formulated for the Court’s determination, namely: