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V. M. ILOABACHIE V. BENEDICT N. ILOABACHIE

(2000) JELR 43985 (CA)

Court of Appeal  •  CA/E/49/99  •  18 Jan 2000  •  Nigeria

Coram
NIKI TOBI JCA; SULE AREMU OLAGUNJU JCA; MUSA DATTIJO MUHAMMAD JCA;

Appearances
V. M. lIoabachie. Esq., For Appellant A. O. Okafor. Esq., For Respondent

Judgement

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogidi Judicial Division of the Anambra State High Court dismissing the consolidated actions by the appellant who as the plaintiff sued the respondent as the defendant for libel in two separate actions claiming in each action the sum of N5,000:00 as special and general damages and also praying for an order of injunction restraining the respondent from further publication of the defamatory words.

As the causes of action arose from the controversy over the disposition of the property in dispute according as whether it is personal to the appellant or it belongs to the parties' family, it will ease an appreciation of the issues raised by the appeal to note the root of title to the land in dispute and give a bird's eye view of the lineage of the family and a resume of the immediate facts that led to the institution of both actions.

It is common ground that No.1, Allen Lane, Onitsha, from the commen…

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