ALHAJI RASHEED BAYO SALAWU V. CHIEF MOSES A. MAKINDE & ANOR

O. O. ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Oyo State - Oyo Judicial Division - delivered on the 27th of January 1997. By the endorsement on the Writ of Summons - though superseded by paragraph 26 of the statement of defence the plaintiffs, Chief Moses Makinde and Navy Captain Makinde (rtd) claimed against the defendant, Alhaji Rashidi Bayo Salawu two relief's namely:-

a) The sum of N1, 000, 000 (One Million Naira) being damages suffered by the plaintiffs as a result, of false and malicious communications by the defendant in writing at diverse dates in 1994 to Chairman National Board for Community Banks Abuja and others alleging inter alia that the plaintiffs committed Arson to wit setting fire on the 1st plaintiff's house at Oyo, in which one John Udoh died in the inferno which he knew to be at false criminal accusation attracting severe penal consequences.

b) An order of perpetual injunction restraining…