PROFESSOR KINGSLEY OWONIYI OLOGE & ORS. V. NEW AFRICA HOLDINGS LIMITED
(2013) JELR 36093 (SC)
Supreme Court
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SC.109/2004
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8 Mar 2013
•
Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
NWALI SYLVESTER NGWUTA JSC;
MARY UKAEGO PETER-ODILI JSC;
OLUKAYODE ARIWOOLA JSC;
MUSA DATTIJO MUHAMMAD JSC;
Appearances
P. O. Okolo Esq. For Appellant
A. A. Olatunji Esq. - For the respondent with him are Messrs Oga Obeya; Chinazor Dike and Olaluwa Ajoni For Respondent
Judgement
<p>WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Holden at Abuja Division in appeal no. CA/A/81/98 delivered on the 13th day of February, 2002 dismissing the appeal of appellant against the judgment of the Federal Capital City High Court, in suit No.FCT/HC/CV/572/94 in which the court entered judgment for the plaintiffs, now appellants before this court.</p><p> The appellants, as plaintiffs instituted the action against the respondent claiming damages for libel arising from a publication in the Democrat Newspaper published by the respondent in its edition of 27th June, 1994. The respondent raised the defence of qualified privilege.</p><p> In its judgment the trial court found that the defence of qualified privilege availed the respondent but went on to award damages to the appellants in the sum of N120,000.00.</p><p> Being dissatisfied with the judgment, appellants appealed to the lower court while the respondent cross appea…</p>