IKONGBEH, JCA (Delivering the Lead Judgment): This is an appeal from the ruling of E. K. Membere, J., of the Rivers State High Court, sitting at Port Harcourt, rejecting a document in evidence. The document rejected was the photostat copy of a letter alleged in paragraph 4 of the statement of claim to be one that -
“... the 2nd defendant falsely and maliciously wrote and published to one Barrister L. C. Ugorji, Rivers State Commissioner of Police, Port Harcourt Area Commander, AreaCommand Headquarters, The Nigeria Police Force Ikeja and A others, of concerning the plaintiff ..” In paragraph 5, the plaintiff pleaded that -
“5. Copies of the said letter were also circulated or distributed to tenants of No. 183 Ikwerre Road, Port Harcourt (which property is owned by the plaintiff and in which the 1st defendant resides) by the 1st defendant who received the said copies from the 2nd defendant. A copy of the said letter would be founded upon at the trial of this suit.”
In his statement of de…