ISAH SAIDU & ORS V. SADIQ MAHMOOD
(1997) JELR 45375 (CA)
Court of Appeal
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CA/J/23/94
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8 Dec 1997
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Nigeria
Coram
GEORGE ADESOLA OGUNTADE JCA;
DENNIS ONYEJIFE EDOZIE JCA;
OKWUCHUKWU OPENE JCA;
Appearances
Mohammed Kabir Usman, Esq. For Appellant
O.Olowokere (Mrs) For Respondent
Judgement
<p>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.</p><p> 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:</p><p> "(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.</p><p> Particulars of Error </p><p> (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 notiโฆ</p>