The appellant Nwadinobi, was the defendant while the respondent, Mrs. Mary Botu plaintiff in this action instituted at Warri High Court as Suit No. W/185/ 92. The plaintiff’s claim as set out in paragraph 13 of the amended statement of claim for:

Pleadings were filed and exchanged and the case went for trial before Obi, J at Warri High Court in Delta State.

The parties led evidence in support of their respective pleadings. The dispute that led to the institution of the action arose over a lock up shop at the Warri Main Market. The appellant was a sub tenant of one Madam Ekukugho who was head licensee to the Warri South Local Government. The appellant was to vacate the shop on or about 26th January, 1992 and move to another market in Warri. The respondent’s case was that she saw the appellant packing his wares from the shop when she passed the place on 26th January 1992. When she visited the shop on the following day, 27th January 1992 she found that the appellant had completed his movement from the shop in that she saw that the shop was completely empty. She then moved in to take possession of the vacant shop. The appellant arrived at the shop shortly after and accused the respondent of having broken into his shop stolen his wares valued at N600, 000. The appellant was said to have pointed pistol at the respondent and said “my property or your life”.

The appellant thereafter lodged a report with the Police. His complaint to the police was that his wares worth N600, 000 were stolen from the shop and he picked the respondent as the main suspect. The respondent was later on the same day arrested by the Police and her house was searched. Nothing incriminating was however, found. She was later released on bail. The complaint was however withdrawn from the police by the appellant after some people had intervened. He wrote a letter to the police in which he sought to withdraw the earlier complaint of burglary he made against the respondent. The present action was instituted by the respondent against the appellant after the complaint made to the Police had been withdrawn.

After taking evidence from the parties and their witnesses, the learned judge, in his reserved judgment delivered on 30th March, 1994, held inter alia that the first leg of the claim which is for shock, was not made out. The claim as it relates to that leg was accordingly dismissed. Judgment was however entered favour of the plaintiff in respect of the two remaining legs of the claim. The learned trial Judge set out details of the awards, inter alia as follows in the concluding portion of his judgment:

“for false imprisonment I award damages in the sum of N100, 000 and 200, 000 for defamation.

On the whole therefore, judgment is entered in favour of the plaintiff against the defendant in the total sum of N300, 000. The relief for assault for reasons already set out is dismissed. Costs to plaintiff assessed at N800.”

The defendant was very dissatisfied with the verdict of the court and he has appealed against it to this court.