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ALBERT OLUWOLE OBIKOYA v. PETER EZENWA & Ors.

(1973) JELR 33128 (SC)

Supreme Court  •  SC.323/1971  •  16 Nov 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; DANIEL O. IBEKWE JSC;

Judgement

U. UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff against the ruling given on 22nd February, 1971 in favour of the defendants by Odesanya, J. in Suit No. LD/502/70 in the High Court of Lagos State. The appeal raises an important point of law on pleading, practice and procedure.

The claim is for the sum of 50,000pounds being damages for libel alleged to have been published in an issue of the 'Daily Express newspaper of 20th July, 1970 and for an injunction.

Pleadings having been ordered were duly filed and delivered. Only paragraph 4 of the statement of claim and paragraphs 7, 8 and 9 of the statement of defence need be referred to in this judgment, as we think they are the only parts of the pleadings which are of relevance to the issue in controversy in the appeal.

In paragraph 4 of his statement of claim, the plaintiff set out in substance the libel complained of in the following terms:-

"4. On page 6 of the issue of the said newspaper dated J…

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