judy.legal
Login Register

FIDELIS CHIDI OKPARA V. AUSTIN SELOBAR NNAMDI IBE

(2002) JELR 55202 (CA)

Court of Appeal  •  CA/PH/73/94  •  31 Oct 2002  •  Nigeria

Coram
JAMES OGENYI OGEBE, JCA (Presided) MICHAEL EYARUOMA AKPIROROH, JCA ABOYI JOHN IKONGBEH, JCA (Read the Lead Judgment)

Judgement

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…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login