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PRINCEWILL ODIKANWA v. CHIEF JOSEPH D. IHEANACHO

(2009) JELR 33641 (CA)

Court of Appeal  •  CA/PH/266/2005  •  2 Apr 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; EJEMBI EKO JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court sitting at Iho whereby the Plaintiff, now Respondent, was awarded the sum of N500,000.00 as general damages for slander. The Appellant, who was the Defendant at the trial court, aggrieved by the decision delivered on 16th June, 2004 by G.C. Ihekire, J, filed his Notice of Appeal on 21st June, 2004. The original notice of appeal has five grounds of appeal. By leave granted to the Appellant on 28th February, 2006 to amend the notice of appeal and argue additional grounds of appeal three additional grounds were filed.

At the trial court the parties filed and exchanged pleadings.

The cause of action for the Plaintiff/Respondent's claim of the sum of N5,000,000.00 [five million Naira] as general damages for slander is articulated in paragraphs 3, 4 and 5 of the amended statement of claim to wit -

3. On the 6th day of March, 1998 at a night vigil in honour of the deceased fat…

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