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HON. JUSTICE JAMES OMO-AGEGE (RTD) v. JOHN OGHOJAFOR & ORS.

(2010) JELR 33705 (CA)

Court of Appeal  •  CA/B/220/2005  •  18 Mar 2010  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State High Court, Asaba Division, delivered on 20/10/2004 in Suit No.A/235/2002.

In an amended statement of claim deemed properly filed and served on 30th July, 2003, the Appellant, as the Plaintiff claimed for the following reliefs: -

1a) The sum of N100,000,000.00 (one Hundred Million Naira) on the footing of aggravated and exemplary damages for libel contained in pages 32 and 33 of the Insider Weekly No. 39 dated 30th September, 2002;

b) A retraction of the said publication accompanied with an unconditional apology in 3 subsequent publications of the 3rd Defendant's Weekly Magazine; and

c) An injunction to restrain the defendant and each of them by themselves or by their servants, agents or otherwise howsoever, from the publication of the said words or any of them or similar words.

In a statement of defence dated 14th February, 2003, earlier on filed in respon…

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