Sunday D. Bayam V. Job Agana (2010)

LawGlobal-Hub Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.

The instant appeal is a fall-out of the judgment of the Taraba State High Court of Justice sitting at Jalingo Judicial Division, delivered by His Lordship Y.A Bashir, J. on 26/02/06 in Suit No. TRSJ/10/2003, between the parties herein.

The genesis of this appeal is traceable to 28/02/03. That was the date on which the Respondent caused a writ of summons, bearing Suit No. TRSJ/10/2003, to be issued out against the Appellant for malicious prosecution.

By virtue of the 26 paragraphed amended statement thereof, dated 21/7/03, the Respondent claimed against the Appellant the following reliefs:

“26.

(a) The sum of N3,000,000.00 being general damages for malicious prosecution.

(b) The sum of N3,000,000.00 being aggravated and/or exemplary damages.

(c) The cost of filing and prosecution (sic) of this suit.

The Appellant, in the Respondent’s statement thereof, dated 22/7/03, denied the said claim, and accordingly urged the lower court to dismiss same.

Pleadings were filed and exchanged by the respective parties. The case accordingly proceeded to trial. The Respondent testified on 27/11/03 as the sale witness for the plaintiff. The Appellant and one other person, Sunday B. Bayam, testified for the Defence on 28/11/03 & 11/12/03, as DW1 & DW11, respectively. Both counsel addressed the lower court on 18/12/03 and 30/01/04, respectively. Resultantly, the case was adjourned to 26/02/04 for delivery of judgment.

Not unexpectedly, the judgment was indeed delivered on that date to the effect, inter alia, thus:

In the result the plaintiff in this case succeed (sic) in his claim for malicious prosecution.

Now the quantum of damages. The Plaintiff asked for N3,000,000.00 general damages for malicious prosecution. General damages are those which the law implies or presume to have accrued from the wrong complained. It is usually given when the court cannot point out any measure by which they are to be assessed except on the opinion that the judgment of a reasonable man, because unlike special damages it is generally incapable of substantially exact calculations.

The plaintiff has averred in his amended statement of claim that he has suffered some mental and psychological inconveniences and financial loss, in his testimony, he stated the prosecution has caused him some hardship and loss of reputation. This aspect of the testimony remain uncontradicted in any material sense. This therefore entitled the plaintiff to damages. But the sum of N3,000,000.00 is excessively high so in the circumstances the defendant sholl be entitled to the sum of N200,000.00 as general damages for malicious prosecution. Aggravated damages by its nature is compensatory since the plaintiff is awarded in general damages. To make any other award in favour of the plaintiff will amount to double compensation, same is hereby refused.