CaseLaw
Okeji V. Olokoba (2000) CLR 4(q) (CA)
Brief
Facts
Respondent sued appellants for
On 16 February 1993, he was on an errand of PW2, a cow-dealer to Zango market Okene in Kogi State for the purpose of purchasing a cow for resale. He went there, having in the pocket of his jumper dress the sum of N10,400, on a motorcycle, which he also used for his transport business. He got to the market but was confronted by 4th and 5th defendants who invited him to another part of the market. There, they found 2nd, 3rd and 7th defendants. 2nd defendant queried his presence in the market and he explained that he had come to do business in the market. 2nd defendant then ordered him to get out of the market, as there was a dispute between the defendants and PW2 - the master of plaintiff and the Sarkin of the Zango Market. He went back to report to the 2nd PW. They both came back to the market and the 2nd defendant repeated to PW2 their prohibition from Zango Market of PW2 and any of his agents.
At the request of PW2, plaintiff went to the Ogaminana Police Station to lodge a report. The Divisional Police Officer gave him an Inspector of Police and a Police Corporal to invite the defendants to the Police Station. At the market 2nd defendant pointed out all the defendants to the Policemen. At this stage even though the Policemen and PW2, his master was around, all the defendants said that since he had gone to invite the Police he would not go free. 3rd defendant slapped him on the face, the others joined in beating him, 2nd defendant tore his dress which contained N10, 400, removed it and went away with it.
2nd defendant later came back and stabbed him at the back as a result of which he fell. All the defendants then went to where he parked his motorcycle to destroy it, the 2nd defendant using the knife with which he had stabbed the plaintiff to cut the seat, the tyres and the tubes. He was later taken to the Police Station by the Police man and from there to Okene Welfare Hospital where he was treated. 3rd defendant was arrested but the others ran away. They were arrested later. The defendants had earlier faced a criminal prosecution in the Magistrates' Court on the incident and were discharged.
The motorcycle that was destroyed was on hire to him by the PW2 to whom he made a daily return of N 100. The motorcycle was in the custody of the Police from the day of the incident and throughout the proceedings in the Magistrates' Court, which terminated on 25 October 1994 but was returned to him on 11 October. 1994.
PW2 confirmed the story of PWI in all essentials. More importantly, he confirmed under cross-examination that there is a chieftaincy dispute between himself and the defendants and that this was one of several suits in various courts on the dispute.
P.W.3 a police officer who was detailed to the market to invite the appellants to the police station also testified to how the respondent was assaulted and his motorcycle destroyed. He could not however identify any of the persons in the mob assaulted the respondent. He also stated that the P.W.2 was not at the scene of the assault. The appellants denied all the allegations.
The trial court entered judgment in favour of the respondent.
Being dissatisfied with the judgment, the appellants appealed to of Appeal.