Mukhtar Lukman Ladan v. Engr. Muhammad Kabir Lawal (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the Kaduna State High Court sitting at Zaria delivered by Hon. Justice Kabiru Dabo in suit No. KDH/Z/395/2014, on the 22nd day of January, 2018, wherein the trial court granted respondent damages against the appellant for unlawful arrest and detention on false information, and dismissed the counter claim of the respondent.

The appellant was the defendant/counter-claimant, while the respondent was the plaintiff at the trial court. The appellant being aggrieved with the decision of the trial court dismissing his counter claim and granting damages to the respondent, had appealed against same to this court vide his notice of appeal dated 25th day of January, 2018 and filed on the 29th of January, 2018.

The notice of appeal which challenged the decision of the trial court on four grounds is found at pages 268 – 273 of the record. The appellant filed an amended notice of appeal on the 25th of September, 2018, but same was deemed properly filed by this court on the 26th of November, 2018.

The record of appeal was compiled and transmitted to this court on the 6th of March, 2018. The appellant’s brief dated the 15th of July, 2021, was filed on the 24th day of August, 2021, but deemed properly filed on the 27th of September, 2021.

The respondent’s brief of argument dated the 18th of October, 2021, was filed on the 20th day of October, 2021. The appellant upon receipt of the respondent’s brief did not file any reply brief.

At the hearing of the appeal, counsel to the appellant adopted his brief of argument, the respondent counsel was not in court despite service of hearing notice on him, his brief of argument was deemed argued by this court after which the court reserved the appeal for judgment.

This appeal emanated from the decision of the Kaduna State High Court sitting at Zaria hereinafter referred to as the trial court. The appellant who was the defendant/counter-claimant at the trial court commenced this suit by way of writ of summons dated the 24th day of November, 2014, and filed on the same date, wherein he claimed the following reliefs:

a. The sum of N25,000,000.00 (Twenty-five million naira) only being damages for unlawful arrest, detention and malicious prosecution initiated by the defendant against the plaintiff for no just cause.

b. The cost of this suit.

The appellant as defendant at the trial court upon being served with the writ and accompany processes, joined issues with the respondent and filed his defence completely denying the claims of the respondent. The appellant equally filed a counter-claim against the respondent and claimed the following reliefs:

a. The sum of N1,603,570.00 being monies the plaintiff is owing me as per paragraphs 39, 41 and 42 of my statement of defendant statement of defence.

b. The sum of N50,000.00 (Fifty thousand naira) as cost for bring me to the court unnecessily.

c. 1 car MITSHUB/SH/JEEP ash in colour with the documents or its value of N800,000.00.