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V. M. ILOABACHIE, ESQ. V. BENEDICT N. ILOABACHIE

(2005) JELR 45206 (SC)

Supreme Court  •  SC.137/2000  •  27 May 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

PATS-ACHOLONU, JSC (Delivering the Leading Judgment): The appellant had instituted an action against the respondent for defamation for publishing a document which he complained had libelled him. The alleged libellous statements were said to have been published by the respondent sequel to a complaint by him that the appellant had committed certain ignoble acts in respect of the sale or purported sale of one Peter Iloabachie's property by the appellant which land is situate at No.1 Allen Lane, Onitsha. The statement claimed that the sale was fraudulently made without any authorization or consent of the respondent and that the act of the appellant by the sale bespeaks of unprofessional and unethical behaviour as the appellant, a mere grandson of late Peter Iloabachie was not the owner of the property which said property devolves on the whole family, i.e. the children of Peter Iloabachie. The appellant said that by the said publication; his name was tarnished and brought into odium and ri…

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