ISAH SAIDU & ORS V. SADIQ MAHMOOD

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff before the lower court where he brought a claim for damages in defamation against the appellants as the defendants. He also sought against the appellants an injunction to restrain them from further publishing the alleged defamatory statement of or concerning him.

The case was heard by Ozoh J. of the Bauchi State High Court. On 23/1/91, the trial judge awarded N250, 000.00 as damages against the appellants jointly and severally. The appellants have brought this appeal against the said judgment on two grounds of appeal which read:

"(1) The learned trial Judge erred in law by entering judgment for the plaintiff without notification of the said judgment to the defendants as provided for by order 40 rules 2 and 3 of the Bauchi State High Court Rules.

Particulars of Error

(a) Contrary to Order 40, Rules 2 and 3 of the Bauchi State High Court Civil Procedure Rules, 1987, the court fail (sic) to serve a noti…