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MORRISON INDUSTRIES PLC V. MICHAEL ADEJARE MAKINDE

(2006) JELR 52597 (CA)

Court of Appeal  •  CA/L/300/2001  •  16 Feb 2006  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA PAUL ADAMU GALINJE JCA SOTONYE DENTON-WEST JCA

Appearances
Mr. Olumide Sofowora (with him, W. N. Ezeana) for the Appellant; Mr. A. M. Makinde (with him, F. A. Falaye) for the Respondent.

Judgement

DENTON-WEST JCA (Delivering the Lead Judgment): The appellant is the defendant whilst the respondent is the plaintiff in the lower court. This is an appeal the decision of the Hon. Justice K. M. O. Kekere-Ekun, as she then was sitting at the Ikeja Judicial Division of the High Court of Lagos State, contained in her ruling delivered on the 4th day of May 2001. The appellant was dissatisfied with the said decision and appealed to this court against the said decision.

The facts of the case as gleaned from the appellant’s brief of argument are inter-alia as follows:

1. The respondent, who was a former employee of the appellant, sued the appellant in the lower court, claiming the sum of N2,000,000 (two million naira) as exemplary damages, and N20,000,000.00 (twenty million naira) as general damages, allegedly for defamation of the respondent by the appellant’s Letter cum query dated February 16, 2000, which was addressed to the respondent. The respondent alleged that the following words …

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