Benevolent Practice

"It is a civil wrong to use the legal process for a purpose other than that for which it exist i.e to enhance justice in society."
COMMISSIONER OF POLICE, OYO STATE COMMAND & ORS. vs. ISAAC & ORS.(2018)LPELR-44879(CA)




ISSUE: MALICIOUS PROSECUTION: When will a defendant be liable in a claim for malicious prosecution




PRINCIPLE:
"Issue No. 4 of the appellants is not within the context of the case and this appeal which is whether the appellant had any legal justification of setting the legal Machinery of the police against the respondents without reasonable cause and in the absence of reasonable cause whether the law particularly the fundamental human right provisions do not provide due remedy or reliefs for the respondents who became victims of obnoxious use of the law? This is the issue to be succinctly addressed in this appeal.
It is a civil wrong to use the legal process for a purpose other than that for which it exist i.e to enhance justice in society. Thus where a legal Machinery for example the police force or other security or prosecutorial agencies are activated by a person giving fraudulent or malicious but false report to the police against another which causes the police to arrest and detain that other or otherwise used its lawful power against that other, it is a serious breach of law which is remediable in tort.
The person affected need not prove a prosecution or want of reasonable and probable cause. Damage to fame person and property are presumed. In Grainer vs. Hill (1838) 4 Bing. N.C.212, it was held to be a tort to use legal process in its proper form in Order to accomplish a purpose other than that for which it was designed and thereby cause damage.
In this case, the trial judge found that appellants had no reasonable cause to bring their complaints against the respondent but only desired to use legal Machinery against respondent." Per OKORONKWO, JCA.(Pp.16-17,Paras.C-D).

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