MR Cyril Ojini V. MR. Samuel Johnson & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court Of Cross-River State, Ugep Judicial Division, delivered on the 6th day of November, 2013 by Ita J. The antecedent facts leading to the appeal are straightforward. The 1st respondent had successfully appealed against his conviction for the criminal allegation of receiving stolen property.

Believing that his prosecution was maliciously actuated by the appellant, he took out a writ for malicious prosecution against the appellant at the end of which the said suit was found unmeritorious.

After the judgment was delivered, the parties had altercations in the Court premises which resulted in the appellant taking out a writ against the respondents for the torts of assault and slander. Specifically, the appellant in his writ of summons dated 16th March, 2010 claimed as follows:

“1. The sum of N5million (five million Naira)

being general damages for assault and

slander in that on Wednesday the l0th

March, 2010, within the precinct of

1

the High Court of Justice, Ugep the

defendants walked towards the Mercedes

Benz (Estate) Car of the claimant, opened

the door while claimant was sitting in the

driver’s seat, aggressively and without