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EVARISTUS D. EGBEBU v. EMEKA IZEJIOBI & ANOR

(2017) JELR 38139 (CA)

Court of Appeal  •  CA/OW/134/2010  •  17 Mar 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant who was the plaintiff at the Lower Court against the judgment in Suit No: HOW/4/2002 EVARISTUS D. EGBEBU V. EMEKA IZEJOBI and ANORdelivered at Imo state High Court sitting at Owerri on 21/10/2004.

The plaintiff at the Lower Court instituted an action against the defendants jointly and severally claiming as follows:-

i. A declaration of this Court that the publication in the October November, 2001 Edition of URU-NOW Newspaper by the Defendant is contemptuous of our judicial process, malicious, libelous and in absolute bad faith.

ii. An order of Court on the police to arrest and prosecute the Defendant for contempt ex facie curia.

iii. An order of the Court on the Defendants to pay the sum of N10,000.00 to the Plaintiff as exemplary damage for malicious, libelous publication.

iv. An order of Court on the Defendant to publish an unreserved apology to the plain…

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