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JULIUS NDUKA v. EDWIN OGBONNA

(2010) JELR 33232 (CA)

Court of Appeal  •  CA/E/164/2008  •  13 Apr 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; MOHAMMED LADAN-TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): At the High Court of Anambra State sitting at Ekwulobia ("the lower court" for short), the respondent herein as plaintiff thereat, instituted an action/suit against the defendant, the present appellant, claiming the following reliefs as per Paragraph 33 of his Statement of Claims:-

"33. Wherefore the Plaintiff claim (sic) against the defendant as follows:

A. The sum of N4, 800,000.00 being Special and general Damages for Defamation and malicious prosecution which is broken down as follows:-

(i) Special Damages for loss of profit N2, 920,000.00; Loss of Job N1, 920,000.00;

(ii) General Damages for malicious prosecution ... N140, 000.00.

Briefly put, the facts of which gave rise to this appeal are as below:-

The defendant/appellant alleged that on 1st April 1999, the respondent as plaintiff had publicly accused him of having forged a document and also caused him to be arrested and detained by the police. The alleged accusations wer…

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