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ISAAC E. NWAENANG V. CHIEF EDET W. NDARAKE & ORS

(2013) JELR 35779 (CA)

Court of Appeal  •  CA/C/178/2011  •  9 May 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH TINE TUR JCA; ONYEKACHI A. OTISI JCA;

Appearances
Ubong Edemekong, Esq. For Appellant E.E. Eneyo, Esq. For Respondent

Judgement
<p>MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State, Uyo in the Appellant&#x27;s suit No. HU/77/95 delivered on the 8/4/2011. The Appellant&#x27;s case against the Respondents before the High Court was set out in the paragraphs 7 - 10 of the Amended Statement of Claim dated and filed on the 7/7/1997 as follows:-</p><p> &quot;7. On the 13th December, 1994, the defendants and two others namely, Chief David E, Akpakip and Chief Okon Ndem jointly and severally falsely and maliciously published of and concerning the plaintiff; </p><p> A letter titled - Re: Petition, Factors Necessary for Peaceful Co-existence to the Chairman and Managing Director of Mobil Producing (Nig.) Unlimited, Victoria Island, Lagos. The said letter is hereby pleaded.</p><p> 8. At pages 1 and 2 of the aforesaid fetter, the defendants made the following libelous statements against the Plaintiff;</p><p> (i) &quot;That no good community as ours would allow someone with dubious behavio…</p>

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