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THE EAGLE NEWSPAPER & ORS v. MAJOR GENERAL LAWRENCE ONOJA

(2017) JELR 37445 (CA)

Court of Appeal  •  CA/J/210/2002  •  27 Jul 2017  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision contained in the Ruling of the High Court of Plateau State delivered in Suit No PLD/J/169/1999 by the Honorable Justice T. D. Naron on the 18th of July, 2002. The Respondent commenced the action in the lower Court by a writ of summons dated the 28th of May, 1999 claiming the sum of N100 Million as damages for defamation of character and for an order of injunction restraining the Appellants from further defaming him.

The Appellants were based in Benue State and the records of appeal show that the Respondent applied for and obtained leave to issue and serve the writ of summons and all other processes in the suit on the Appellants in Benue State, outside the jurisdiction of the lower Court. Upon being served with the writ of summons and statement of claim, the Appellants entered a conditional appearance and filed a motion on notice, both dated the 29th of June, 1999, and they, by t…

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