THE HON. DON EGBUE V. HON. E. O. ARAKA

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant is the defendant to a suit based on libel before the High Court of Lagos State by the respondent. By his statement of claim the plaintiff/respondent averred inter alia as follows:

"By a letter dated 10th September, 1984 the defendant falsely and maliciously wrote and published or caused to be written and published of and concerning the plaintiff and of him in the way of his said office or occupation as Chief Judge of Anambra State, in the form of a type written letter, the words set forth at the end of this Statement of Claim and captioned WORDS COMPLAINED OF

The said words were published to -

(a) the clerk or typist who typed the letter and

(b) the Military Governor of Anambra State

with knowledge and Intention (on the part of the defendant that the same will be republished to -

(c) the Chief Justice of Nigeria in his capacity as the Chairman of the Judicial Advisory Council and the other members of that body.

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