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DR. E. J. ESENOWO V. DR. I. UKPONG & ANOR.

(1999) JELR 43764 (SC)

Supreme Court  •  SC.164/1992  •  30 Apr 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; GODFREY OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Appearances
Chief G. N. U Uwechue For Appellant Chief Debo Akande, SAN (with him, Dele Ibironke) For Respondent

Judgement

S. M. A. BELGORE, JSC (DELIVERING THE LEADING JUDGMENT): This appeal is in respect of alleged libelous publication concerning the plaintiff/appellant, Dr. Esenowo Johnson Esenowo. The appellant is a medical doctor who was at the material time of the alleged offensive publication the Medical Director in charge of Memorial Specialist Clinic, Uyo. The first defendant/respondent is also a medical doctor employed, at the material time of this alleged libel, by the Mobil Producing Nigeria Limited, the second defendant/respondent. In the final amended statement of claim the appellant averred inter alia as follows:

"4. In or about the month of May, 1984, the first defendant falsely and maliciously wrote an undated memo in longhand, signed it and published it to one MII (whose full name is Moses I. Itam) of and concerning the plaintiff in the way of the plaintiff's profession the words following, that is to say:-

'Dr. E. J. Esenowo (meaning thereby the plaintiff) is not registered with Nigeri…

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