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OZO DR. ANEZE CHINWUBA & ORS V. CHIEF BENJAMIN CHINWEZE MORAH

(2016) JELR 46965 (CA)

Court of Appeal  •  CA/E/452/2014  •  14 Jul 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Emaka Nwankwo, Esq. For Appellant Arinze Obidozie, Esq. (holds the brief of A. I. Agbogu, Esq.) For Respondent

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Anambra State High Court sitting at Awka (hereinafter referred to as the Lower Court), delivered by Hon. Justice H. O. Ozoh, J., on the 28th day of January, 2014. The suit which gave rise to the instant appeal, was initiated by the plaintiff/respondent vide the writ of summons and statement of claim filed on the 17th day of May, 2010, wherein he claimed against the defendants/appellants for the following reliefs:

(a) The sum of N100 Million being general, exemplary and punitive damages for the libel.

(b) An apology published in a very conspicuous portion of either of Vanguard, The Nation or Punch Newspaper.

The dispute that arose between the parties was anchored on an alleged defamatory letter which the plaintiff/respondent claimed was authored by the defendants/appellants wherein the plaintiff/respondent alleged that he was defamed. The defence of the defendants/appellant…

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