CHIEF L. OYELAKIN BALOGUN VS ALHAJI BUSARI AMUBIKAHUN

CORAM

OBASEKI, JUSTICE, SUPREME COURT

NNAMANI, JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

BELORE, JUSTICE, SUPREME COURT

NNAEMEKA-AGU, JUSTICE, SUPREME COURT

PARTIES

CHIEF L. OYELAKIN BALOGUN

APPELLANTS

ALHAJI BUSARI AMUBIKAHUN

RESPONDENTS

AREA(S) OF LAW

MALICIOUS PROSECUTION

SUMMARY OF FACTS

The appellant got the respondent arrested about midnight on false information that the respondent secured the services of a witch to kill him and dissuaded people from standing surety for him. The alleged witch gave evidence that the appellant procured her to implicate the respondent.

HELD

The court dismissed the appellant’s appeal against the findings of the lower court that he was liable for malicious prosecution. ?

ISSUES

Whether it can be said in law that the appellant prosecuted the respondent and if so whether he had reasonable and probable cause to prosecute him ?

RATIONES DECIDENDI

INGREDIENTS AND ROOF OF MALICIOUS PROSECUTION

In an action for malicious prosecution, the plaintiff must plead and show by evidence that he was prosecuted by the defendant. In this regard, it must be shown clearly that the defendant set in motion against the plaintiff, the law leading to a criminal charge. Secondly, as a result of the prosecution aforementioned the plaintiff was discharged and acquitted, in short that the prosecution was determined in the plaintiffs favour. Thirdly, the plaintiff must plead and satisfy the court by evidence that the prosecution by the defendant was completely without reasonable and probable cause. Finally, that the prosecution was as a result of malice by the defendant against the plaintiff. All the four elements above must be present for successful action for malicious prosecution, and the onus is always on the plaintiff to prove each and every one of them- Belgore J.S.C