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PASTOR BODE AJAYI v. PRINCE SUNDAY AKINWUMI FAYAN

(2014) JELR 36142 (CA)

Court of Appeal  •  CA/AK/95/2012  •  8 Dec 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOHAMMAD AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State in Suit No. AK/134/2010 delivered on 26th March, 2012 by Honourable Justice D. I. Kolawole of the Akure Judicial division (hereinafter referred to as the lower court).

SUMMARY OF FACTS

In an amended statement of claim filed on 27th of June, 2011, the Respondent as the Plaintiff claimed as follows:-

"WHEREOF the Plaintiff claims against the Defendants the sum of N250, 000,000 (two hundred and fifty million Naira) as general and special damages for libel." (See page 15 Record of Appeal).

In an Amended Statement of Defence dated 20th day of October, 2011 and filed on 21st day October, 2011, the Defendant while admitting paragraph 6 of the Amended Statement of Claim, denied others and while putting the Plaintiff/Respondent to the strict proof of all those denied averments pronounced the claim in the action to be frivolous, scandalous, vexatious, gold-diggin…

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