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DAVID-WEST v. ODUWOLE

(2003) JELR 44914 (CA)

Court of Appeal  •  CA/I/236/2001  •  3 Apr 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; FRANCIS FEDODE TABAI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Oyo State of Nigeria holden at Ibadan presided over by R. G. Oyetunde, J., and delivered on 1st day of July, 1999.

The facts of this case briefly put were as follows:

The writ of summons and statement of claim in this matter were filed on the 8th of October, 1996, plaintiff therein claimed against the defendants damages for libel contained in the Nigerian Tribune of Monday, 2nd September, 1996. The pleadings were subsequently amended and the prevailing statement of claim and statement of defence are the further amended statement of claim and the further amended statement of defence. Plaintiff called four witnesses including himself in proof of his case, defendants elected not to give evidence in rebuttal and after addresses by learned counsel for the parties, the trial Judge gave judgment on the 1st of July, 1999. In the judgment, the learned trial Judge held that only one …

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