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SYLVERNUS IROEGBU & ORS v. CHIEF ALOYSIUS OKEKE & ANOR

(2016) JELR 36830 (CA)

Court of Appeal  •  CA/OW/183/2011  •  8 Jun 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A.(Delivering the Leading Judgment):

This is an appeal against the judgment of the High Court of Imo State of Nigeria delivered by Hon. Justice IJEOMA AGUGUA at OKIGWE Division on 7th day of May, 2009.

The Respondents as Plaintiffs had by their writ of summons issued out of t said court on 26th day of March, 2008 claimed against the Appellants as Defendants the following reliefs:

“A. Two Millioln Naira (N2,000,000) for defamation of Plaintiffs’ Character.

B. Perpetual Injunction restraining the Defendants from further defamation of Plaintiffs’’ Character.”

Pleadings were exchanged and the action proceeded to trial after which the Learned trial Judge gave considered judgment in favour of the Respondents to this appeal. The Learned trial Judge held among others as follows:

“However plaintiff said his father was a warrant chief in 1918 and he was contesting the chieftaincy stool. Defendants did not deny that the chieftaincy stood was being contest4ed. As a …

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