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ALHAJI ABBA ASHEIKH V. ALHAJI KAKA MALLAM YALE

(2010) JELR 46825 (CA)

Court of Appeal  •  CA/J/3/2003  •  13 May 2010  •  Nigeria

Coram
BODE RHODES-VIVOUR JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

HON. JUSTICE BODE RHODES-VIVOUR, J.C.A (Delivering the Leading Judgment).: This is an appeal from the judgment of a Borno State High Court delivered on the 31st day of May, 2002, striking out the case for want of jurisdiction.

The appellant's plaintiff's claim against the defendant/respondent was for:

(1) A declaration that the letter written by the defendant to the Chairman Local Government Service Commission Borno State and copied to the Secretary to the Borno State Government Ref. No. KLG/ADM/S/T.1/1/1 dated 29th January, 1996 is libelous of the plaintiff.

(2) The sum of Five Million Naira (N5m) damages for libel published by the defendant concerning the plaintiff.

(3) Costs of the suit.

Trial commenced on the 7th day of October, 1998. The plaintiff called six witnesses while the defendant called four witnesses. Five documents were admitted as exhibits. On the 13th of December, 2001 counsel commenced closing speeches. This came to an end on the 9th of April, 2002 after an adjournme…

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