MUSA OMIKA V. ALHAJI MALLAM UBA ISAH

KUDIRAT M.O. KEKERE-EKUN, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State, sitting at Makurdi delivered on 31/3/04 awarding the sum of N200, 000.00 as general damages for defamation and assault in favour of the respondent against the appellant. The appellant, who was the defendant at the trial court was dissatisfied with the judgment and filed a notice of appeal dated 7/6/04 containing seven grounds of appeal.

In the appellant's brief dated 30/9/05, filed on 7/11/05 and deemed filed on 15/11/06 settled by J.S. Okutepa Esq., two issues were formulated for the determination of the appeal thus:

1. Whether the learned trial Judge, Eko, J. was correct to hold upon the evidence before him that the publication of the alleged slanderous words were pleaded and proved as required by law and to proceed to judgment to hold that appellant herein admitted publication of the words and that Exhibit B did not contradict the case of the pl…