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PROFESSOR FOLARIN SHYLLON v. MRS. JUDITH ASEIN

(1994) JELR 43380 (SC)

Supreme Court  •  SC.110/1989  •  24 Jun 1994  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): The facts in this case are not in dispute. The respondent as plaintiff filed three separate actions in the High Court of Justice, Ibadan Judicial Division holden at Ibadan, against the appellant/defendant, claiming in each action, the sum of N1,000,000.00 (One million Naira) for libel contained in three separate identical letters addressed to three different officials by the defendant. The three separate suits bore the following identification numbers:- 1/155/85, 1/156/85 and 1/157/85. In these cases, the plaintiff and the defendant are the same so also are the same, the contents and wordings of the libellous publications complained of.

Along with the writs were the statements of claim; and after service of the writs on the defendant and entering appearance, learned Senior Counsel appearing on his behalf filed a Motion on Notice under Order 23 rule 4 of the Oyo State High Court (Civil Procedure) Rules and Order 18 rule 19(1)(a) and (2) R…

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