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SEYE OLADEJO v. DR. MUIZ ADEYEMI BANIRE

(2014) JELR 36194 (CA)

Court of Appeal  •  CA/L/294/2012  •  16 Dec 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of OPESANWO J of the Lagos State High court delivered on the 15th February 2012, wherein the ruling was for continuation of trial witnesses being present in the court and that a filing of the interlocutory application is no automatic right to suspend trial for any reason whatsoever.

The fact of the case is as follows:

The trial had commenced with about six witnesses whose evidence had been taken in the matter of Libel in which, Claimant/Respondent by the writ of Summons and Statement of Claim dated 24th December, 2007 claimed for:

1. The sum of N50,000,000.00 (Fifty Million Naira) as damages for injurious publication by the Defendants in the 2nd Defendant's edition of Friday, the 24th day of August, 2007 on Page 20 thereof and which publication was deliberately calculated to disparage and lower the reputation of the Claimant before the right thinking members of society.

2. Pu…

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