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CHIEF (DR.) MICHAEL C. A. PETERSIDE V. PROFESSOR DAGOGO M. J. FUBARA

(2005) JELR 51912 (CA)

Court of Appeal  •  CA/PH/201/2002  •  31 Jan 2005  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment)

Appearances
Mr. H.E. Wabara (with him, Messrs. Eni Akpodiete and M. E. Nwosu) -*- - for the Appellant . B -*- Chief G.A. Graham-Douglas SAN (with him, Mr. L. C. Emodi and Mrs. M.S. Odike) - for the Respondent .

Judgement

ADEREMI JCA (Delivering the Lead Judgment): This is an appealagainst the judgment delivered on the 9th of November, 2001 by the High Court of Rivers State, Port Harcourt Division dismissing in its entirety the claims of the plaintiff (hereinafter referred to as the appellant). The appellant had, by the averment in paragraph 15 of the statement of claim, sought the following reliefs from the defendant (hereinafter referred to as the respondent): β€œ(1) N10,000,000.00 (ten million naira) being general damages for libel.

An injunction to restrain the defendant from further publication of the said words or any of them or of any words to the like effect.” The appellant had averred in his statement of claim that the respondent falsely and maliciously wrote, printed and published or caused to be written and published a letter to the Commissioner of Police, Rivers State Command, Port Harcourt containing defamatory words concerning of him. The caption of the said letter, according to him, reads…

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