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PROPHET IFEANYI EMEAGWARA v. STAR PRINTING AND PUBLISHING CO. LTD & ORS

(2000) JELR 44174 (SC)

Supreme Court  •  SC.168/1994  •  26 May 2000  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Judgement

KALGO, J.S.C. (Delivering the Leading Judgment): The appellant was the plaintiff in the High Court of Plateau State holden in Jos where he took out a writ of summons against the respondents jointly and severally claiming the sum of N200,000.00 as aggravated or exemplary damages for libel published in the Daily Star of 18th of January, 1988. He also sought for an injunction to restrain the respondents from further publication of the libel. The publication concerns the appellant and the Christ Bible Mission, Jos of which he was the founder. Both parties filed and exchanged pleadings.

Paragraph 5 of the statement of claim of the appellant inter alia reads:

On the 18th day of January, 1988, the defendants falsely and maliciously wrote and printed and published on the back page of the issue of "Daily Star" dated that day of and concerning the plaintiff under the caption titled "Prophet docked over indecent assault", the words following that is to say:-

"A Jos Chief Magistrate Court has hea…

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