The appellant is a legal practitioner based at Ibadan. In his private capacity, he had a land dispute with the respondent in one of the Courts in that city. Sometime in March, 1979, with the land case still pending in Court, the appellant went to the police post at Orita Challenge, Ibadan, and lodged a complaint that the respondent, Alhaji Busari Amubikanhun, a butcher, has employed one Madam Olufunmilayo Adekunle to kill him and steal his dresses and transistor radio. It is apparent that he created the impression that the said Olufunmilayo Adekunle was a witch and that her witchcraft would be employed to cause his death. It was alleged that the woman gained entry into the appellant's house and actually removed a transistor radio and some dresses before she was caught. After being held by the appellant and perhaps neighbours, she confessed that she was sent on a mission by the respondent to kill the appellant.

The appellant took the woman to the police at Orita Challenge. It was already dark, perhaps after 21:00 hours. That was on 6th March, 1979. The appellant got the woman locked up at the police station. Thereafter, he took the police to the house of the respondent and got him arrested, though he claimed later that he only acted as a pointer and offered police a lift in his car to effect the arrest of the respondent. At the police station, the respondent was locked up, the appellant making his presence felt at that place and was scaring away those ready to stand surety for the respondent so that he might be released on police bail. He told one of such persons that the respondent was a murderer and that nobody should risk standing surety for him.

The respondent thus slept in the police cell that night and was only released on bail on the 7th March, 1979. The respondent was finally taken before a Chief Magistrate Court and tried jointly with Olufunmilayo Adekunle. They were discharged and acquitted of the criminal charge. It is noteworthy that the appellant not only gave evidence before the Magistrate Court, but went further to allege that when Adekunle entered his house and was discovered stealing, "she attempted to change into a cat" and that he (appellant) and others around saw "her growing a tail like a cat's." It was when she could no longer change completely into a cat that she confessed her mission. Whereas, at her joint trial with the respondent, the woman confessed that she was tutored into the act of implicating the respondent by the appellant and that she was paid N300.00 by the appellant for this purpose. The magistrate had no difficulty in disbelieving the case for the prosecution and believed the trial was based on fake and malicious accusation by the appellant in conspiracy with Adekunle. This led to the action in the High Court by the respondent for malicious prosecution which was successful and was upheld by the Court of Appeal consequent upon which this appeal was lodged.