MANDILAS & KARABERIS LTD. V. APENA

• Pages: 372-376

MANDILAS & KARABERIS LTD. V. APENA

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372

In the result, the appeal is allowed and the judgment of Prest, J. in the High

Court, Warri, in Suit No.W/87/1963 including the order for costs, is hereby set

aside and it is ordered as follows:

(1)

The plaintiffs are hereby granted a declaration that the people of Ebedebi-

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ri village group and the people of Toru- Orua village group are joint owners

of the fishing pond known as OKAU and delineated on plan

No.M/GA.41A/64 (exhibit P1) and therein edged pink.

(2)

The defendant, their agents or servants are hereby restrained from fishing

in the said pond without the knowledge of the plaintiffs.

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(3)

The respondents shall pay the cost of this appeal fixed at 80 guineas, and

in the lower court at 60 guineas.

Appeal allowed.

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MANDILAS & KARABERIS LTD. V. APENA

MANDILAS & KARABERIS LTD.

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APPELLANT

V

LArvilDI APENA

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RESPONDENT

SUIT NO. SC 3/1967

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

21st November, 1969.

Civil Action - Practice and Procedure - Pleadings - Statement of defence

Traverse - Effect of

Law of Torts - False Imprisonment - General denial in Statement of Defence

sufficient to challenge plaintiffs assertion in Statement of Claim as to false

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imprisonment - Defendant did not instigate prosecution or set law in motion

against plaintiff as prosecution was due to independent police action.

ISSUES:

1.

What is the effect of a traverse in a defendant's pleadings.

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2.

Does the fact that an allegation is not specifically denied, necessarily mean that

it is admitted?

3.

Whether a person who reports an

offence to the police is liable for

false

imprisonment if an innocent person is imprisoned as a result of such report.

FACTS:

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The defendant Company noticed a loss of paint in its factory and reported to

the police, who investigated the matter and arrested some employees of the de-

fendant. The plaintiff now claims damages for false imprisonment and malicious

prosecution. The High Court found for the plaintiff on false imprisonment but dis-

missed the claim under Malicious Prosecution. The defendant appealed.

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HELD:

1.

Sometimes a pleader "denies'', sometimes he 'does not admit" each and every

allegation; but whatever phrase is used it all comes back to the same thing.

The allegation is to be regarded ''as if it were specifically set out and traversed

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