HON. JUSTICE BODE POPOOLA V. CHIEF OLUSEYI OYEBOLU

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice Abeokuta, Ogun State of Nigeria, the present Respondent as Plaintiff took out a writ of summons against the Appellant as Defendant claiming as follows:

1. A sum of N100,000,000.00 (One Hundred Million Naira) as damages for the defamatory words falsely and maliciously Published by the Defendant, of and concerning the Plaintiff at a Valedictory Court Session held on Friday 13th June 2003 at High Court Number 1, Isabo, Abeokuta, Ogun State.

2. An Order of perpetual injunction restraining the Defendant whether by himself, his servants, agents, privies or howsoever described from continuing to publish or cause to publish the said words or similar words of or concerning the Plaintiff in any manner whatsoever and howsoever.

The cost of this action.

Pleadings were subsequently filed and exchanged by and between the parties. By a Motion on Notice dated the 14th October 2003 and brought pursuant to Ord…