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UCHE NWOKEDI & ANOR. V. MR. FRED EGBE

(2004) JELR 47175 (CA)

Court of Appeal  •  CA/L/352/95  •  23 Mar 2004  •  Nigeria

Coram
DALHATU ADAMU JCA; SULEIMAN GALADIMA JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendants in the court below, against the ruling of the High Court of Lagos State, delivered by the Honourable Justice Ade Alabi on 20/6/95. The respondent as plaintiff had instituted an action against the appellants as defendants at the High Court claiming jointly and severely the sum of N100,000.00 (One hundred million Naira) as damages for injurious falsehood.

The injurious falsehood was contained in a letter written by the appellants to solicitors in England (Messrs Sears, Tooth and Co.) which was tendered in evidence in an action No. 6163/91 "Caroline Egbe v. Fred Egbe". Consequent thereto, the sum of (#1,690,000) was awarded against the respondent.

The respondent aggrieved by this action of the appellant instituted action against the said appellant at the lower court claiming damages in the sum of N100,000,000.

In the course of the proceedings at the lower court, the appellant filed a motion dated 1/…

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