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UCHE NWOKEDI (FOR AND ON BEHALF OF NWOKEDI AND CO.) NWOKEDI AND CO. (LEGAL PRACTITIONER SUED AS A FIRM) V. MR. FRED EGBE

(2004) JELR 55379 (CA)

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

Coram
DALHATU ADAMU, JCA (Presided) SULEIMAN GALADIMA, JCA (Read the Lead Judgment) CHRISTOPHER M. CHUKWUMA-ENEH, JCA

Judgement

GALADIMA, JCA (Delivering the Lead 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 severally the sum of N100,000,000 (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 (N1,690,000) was awarded against the respondent. The respondent aggrieved by this action of the appellants 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 appellants filed a motion dated 1/…

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