Tort (158)
HELD:
"I find the following statement approved by the Supreme Court in the case of IKOKU VS. OLI (1962) LPELR- 25166 (SC) on the circumstances where a complainant would be held to be liable for malicious prosecution, to be very illuminating and instructive.
HELD:
"To be liable for malicious prosecution, the Respondent must be proved to have done more than merely reporting an incident involving the Appellant to the Police.
HELD:
"Under the law of torts, to succeed in a claim for malicious prosecution, the complainant shoulders the burden of pleading and proving four essential elements or conditions.
HELD:
"As the name implies, malicious prosecution simply means prosecution that is actuated by or grounded in malice and entirely undertaken against a person without any reasonable or probable cause.
HELD:
"It is further the law that in cases that are based on the tort of negligence as in the instant case, a Claimant is required to state or give the particulars of the negligence alleged.