LAMBERT SUNDAY IWUEKE V. IMO BROADCASTING CORPORATION
(2005) JELR 45170 (SC)
Supreme Court
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SC.89/2001
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7 Oct 2005
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Nigeria
Coram
UMARU ATU KALGO JSC;
AKINTOLA OLUFEMI EJIWUNMI JSC;
GEORGE ADESOLA OGUNTADE JSC;
WALTER SAMUEL NKANU ONNOGHEN JSC;
IKECHI FRANCIS OGBUAGU JSC;
Appearances
Chief Amaechi Nwaiwu, SAN (with him, Kelechi Nwaiwu, Esq.) For Appellant
Chief Eze Duruiheoma For Respondent
Judgement
<p>ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting in Port-Harcourt Coram A. I. Katsina-Alu, JCA (as he then was) and R. O. Roland, M. O. Onalaja, JJCA delivered in appeal No. CAJPH/55/88 on the 28th day of June, 1994 in which it allowed the appeal of the present respondent and set aside the judgment of Ojiako, J. (as he then was) delivered on the 4th day of December, 1987. The facts of the case include the following. The appellant as plaintiff instituted an action against the respondent together with four others jointly and severally at the Owerri High Court claiming the following reliefs:- </p><p> "(a) N500,000.00 as damages for libel.</p><p> (b) An order of court that the defendants retract the said publication by the agencies of radio, television and newspaper."</p><p> Pleadings were ordered in accordance with the applicable rules of court and while the appellant as plaintiff had filed his pleadings, the respondent defaulted even t…</p>