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ALHAJI ADAMU CIROMA V. ALHAJI MUHAMMAD KALOMA ALI & ORS

(1999) JELR 43723 (CA)

Court of Appeal  •  CA/K/118/97  •  12 Jan 1999  •  Nigeria

Coram
UMARU ABDULLAHI JCA; ATINUKE OMOBONIKE IGE JCA; IBRAHIM TANKO MUHAMMAD JCA;

Appearances
Chief AT. Ajala (SAN) with him. B.P. Nbotogu and Yahaya Mahmood For Appellant S.A. Nasir - for the 1st Respondent.2nd and 3rd Respondents absent and unrepresented For Respondent

Judgement

IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Kaduna State High Court delivered on 4/12/95 in suit No. KDH/KAD/576/92. In the court below, the 1st respondent instituted a libel action against the appellant and 2 others i.e. the second and third respondents in this appeal jointly and severally claiming the sum of N50 Million as general damages for libel.

Pleadings were filed and exchanged by the parties. Several issues were joined. The statement complained of can be found in paragraph 3(a) and (b) of the statement of claim. I quote:

"3(a) On the 10th day of October, 1992 the 1st defendant falsely and maliciously wrote and published or caused to be written, printed and published of and concerning the plaintiff and in the way of his said community leadership, business and legal practice to the National Electoral Commission (NEC) subsequently carried as paid advertisement by the 2nd defendant in the New Nigeria Newspapers of 14th October, 1992 a…

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