The plaintiff (now Respondent) was a court bailiff at Onitsha at all material times. On the 23rd November, 1988, he went to the premises of the African Continental Bank Limited at 1, Bida Road, Onitsha to serve a writ of summons in Suit No. 0/4/413/83 on the said Bank. The 1st Defendant was the Branch Manager. The 2nd defendant was the Advances Manager. The 3rd defendant was the Branch Accountant and the 4th defendant a Security Officer of the Bank.

As the plaintiff was walking away, the 1st defendant shouted that he be got hold of. All three defendants and the 4th defendant then got hold of him. The plaintiff resisted. The defendants beat him up and tore is cloths. The plaintiff later instituted an action against the 1st to 4th defendants wherein his claimed the sum of N100, 000.00 (One hundred thousand Naira) as exemplary damages for assault and battery on him by the defendants. In the course of trial, one Samson Dingwoke (P.W.1) testified on behalf of the plaintiff.

His evidence was at variance with what he had told the plaintiff’s counsel in his chambers after the incident. The witness admitted having held prior consultations with the plaintiff’s counsel in the presence of the plaintiff when he narrated what happened between the defendants and the plaintiff.

The plaintiff’s counsel then sought leave of court to lead evidence to contradict the witness with the oral statement he admitted making before the plaintiff and his counsel. The defendant’s counsel did not object to the application.

The learned trial Judge then granted leave to the plaintiff’s counsel. The essence of the application was to treat P.W.1 as a hostile witness. The learned trial Judge gave judgement in favour of the plaintiff and awarded the sum of N20,000.00 (Twenty thousand Naira) as damages to the plaintiff.