REASONABLE AND PROBABLE CAUSE IN AN ACTION FOR MALICIOUS PROSECUTION

• Date: 06 February 2019

(1) "As to the requirement for reasonable and probable cause, absence of which the plaintiff has to prove in the instant case, he has shown that no probable or reasonable cause existed for the appellant to lodge the complaint against him. The reasonable and probable cause to my mind, entails the defendant having in his possession as a reasonable and sane person, a set of facts which to an ordinary man would lead to the conclusion that the plaintiff has committed a criminal offence." - Per Belgore, J.S.C., in Balogun v. Amubikahun Suit No. S.C. 237/1985; (1989) 20 N.S.C.C. (Pt. II) 195 at 201; (1989) 3 N.W.L.R. (Pt. 107) 18 at 27.

(2) "The belief in criminal culpability of the plaintiff must be honest, based upon full conviction, founded upon reasonable grounds in relation to a set of facts and circumstances which if true would lead every reasonable person to believe the plaintiff has committed an offence. The set of facts and circumstances must lead a prudent man to the conclusion that the plaintiff is probably guilty of the offence he is accused of committing (Herniman v. Smith (1938) A.C. 305). There may be reasonable ground in some cases which may not necessarily lead to conviction in which case there...