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CHIEF T. F. ORUWARI v. MRS. INE OSLER

(2012) JELR 33104 (SC)

Supreme Court  •  SC.289/2005  •  14 Dec 2012  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; BODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Judgement

C. M. CHUKWUMA-ENEH, J.S.C. (Delivering the Leading Judgment): This appeal is against the unanimous decision or the Court of Appeal Port-Harcourt Division delivered on 14/4/2005 affirming the trial court's decision, holding the appellant (defendant) liable in damages in favour of the respondent (plaintiff) for slanderous publications uttered and concerning of the respondent (plaintiff) on 7/5/1994; also an order of restrictive injunction which has in addition been slammed on the appellant to prevent a repetition of the slander against the respondent.

The correctness of the translation to English of the alleged defamatory words spoken in a foreign language (i.e. in Kalabari language) as well as its publication to PW5 as pleaded in paragraph 37 of the Amended Statement of claim of the plaintiff/respondent in this matter is the gravamen of this appeal. The plaintiff/respondent has pleaded the said defamatory words thus:

"On or about the 7th day of May 1994, the respondent herein falsely …

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