KLM ROYAL DUTCH AIRLINES & ANOR V. CHIEF YAKUBU TOBA & ORS

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano state in suit No.K/152/2001 delivered by Honorable Justice Saka Yusuf on the 16th of June, 2003. The action in the lower Court was commenced by the Respondents, as plaintiffs, against the Appellants, as defendants, and their claim was for the total sum of N57.5 Million as damages payable by the Appellants jointly and severally for defamation of character and solicitor's re-imburseable professional fees. The matter was heard on the pleadings filed by the parties and the Respondents called four witnesses in proof of their claims and the Appellants too called four witnesses in proof of their defence. At the conclusion of trial, and after the final addresses of counsel, the lower Court entered judgment in favour of the Respondents and it awarded the four Respondents damages in the sum of N5 Million against the Appellants, jointly and vicariously. The R…