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CHIEF TUBOWAYANABA FRANK ORUWARI V. MRS. INE OSLER

(2005) JELR 42390 (CA)

Court of Appeal  •  CA/PH/24/1999  •  14 Apr 2005  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; PIUS OLAYIWOLA ADEREMI JCA; MONICA BOLANA'AN DONGBAN-MENSEM JCA;

Judgement

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): The appeal here is against the judgment of the High Court of Rivers State holden at Degema Judicial Division in Suit No. DHC/23/94 delivered on the 17th of December, 1997. Suffice it to say that the successful plaintiff before the Court below also cross-appealed against part of the judgment.

The plaintiff (hereinafter referred to as the respondent/cross-appellant) had claimed against the defendant (hereinafter referred to as the appellant/cross-respondent) a total sum of N40 million (Forty Million Naira) being damages for slander in that the appellant/cross-appellant according to the respondent/cross-appellant, at different times and places falsely and maliciously published and spoke of her (respondent/cross-appellant) the following words.

"On the 12th day of December, 1992 in Oruwari family meeting:

'INOGOGO ORUWARI A KO A PIRIM KE IGWURUTA WARI NAMA I BIRI BE IGBIGI FIA NAMINA, NGBA A LAWYUER IGBIGI ME AGBE TE KE PO…

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