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MR. AKINWUNMI GIWA v. HON. OLA JONES JEJELOLA

(2014) JELR 42230 (CA)

Court of Appeal  •  CA/B/294/2007  •  11 Apr 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal and a cross -appeal against the judgment of B.A. Adejumo, J. of the High Court of Justice, Ondo sitting at Ondo delivered on 9/1/2003.

The Respondent as plaintiff issued a writ of summons accompanied by a statement of claim dated 6/12/1999.

By paragraph 48 of the Respondent's Statement of Claim, he claimed against the defendant/appellant as follows:

(a) A declaration that the letter written by the defendant as above pleaded referred to the plaintiff and is defamatory of him.

(b) An order for Aggravated Damages in the sum of N10, 000.000.00 (Ten Million Naira Only) subject to court fees.

(c) An order of perpetual injunction restraining the defendant, his agents, and/or servant from writing and or publishing any further defamatory matter whatsoever and howsoever of and concerning the plaintiff.

Pleadings were filed and exchanged. The Respondent gave evidence and called six (6) other witnesses to testify …

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