ZAKARIA AND OTHERS v. BILLA AND OTHERS

Benin J adjudicated a civil action arising from a violent incident in Nwogu village on 16 September 1984. The first plaintiff, owner of a nine-room house and adjoining Arabic school, and his family members sought general and special damages against eight defendants for intentionally burning their home, while the second plaintiff sought damages against the sixth defendant for gunshot wounds. Tensions had simmered for years between rival Islamic factions. On the day in question, a pupil of the first plaintiff quarrelled with two women who lived in the second defendant’s house; during the fracas the third plaintiff’s cutlass injured Yahaya, brother of the defendants and son of the Nwogu-Na. The defendants, after gathering at the chief’s palace, went to the plaintiffs’ home; at the second defendant’s instigation, they set the house ablaze, and the sixth defendant, armed with a gun, fired twice at the fleeing second plaintiff, wounding his head. Although the defendants had been acquitted in criminal proceedings, the court held that acquittal does not preclude civil liability; applying section 13(1) of the Evidence Decree to the arson claim, the court found malice and wilfulness established against all defendants except the sixth, who was instead held liable for battery. Substantial special damages and nominal damages for the building were awarded, along with general damages and costs.