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MR. BIODUN ODUWOLE & ORS. v. PROF. TAM DAVID WEST

(2010) JELR 33578 (SC)

Supreme Court  •  SC.173/2003  •  14 May 2010  •  Nigeria

Coram
NIKI TOBI JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; IBRAHIM TANKO MUHAMMAD JSC; JOHN AFOLABI FABIYI JSC;

Judgement

J. A. FABIYI, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Ibadan Division (hereafter referred to as 'the court below) dated 3rd April, 2003 which upturned the decision of R. G. Oyetunde, J. of the High Court of Oyo State holden at Ibadan on 1st July, 1999.

The respondent, as plaintiff at the trial court, claimed the sum of N250 million as damages from the defendants jointly and severally for libel contained in Nigerian Tribune of Monday, the 2nd day of September, 1996 in its editorial features column titled 'ENOUGH OF DAVID WEST'.

Pleadings were filed and exchanged by the parties. After subsequent amendments of the pleadings by both sides of the divide, the plaintiff testified and called three other witnesses to buttress his case. The defendants rested their case on that of the plaintiff. Thereafter, the learned trial Judge was addressed by learned counsel to the parties. In a reserved judgment handed out on the 1st July, …

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