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ALHAJI AMINU SULEIMAN v. ALHAJI TUKUR ADAMU

(2016) JELR 36936 (CA)

Court of Appeal  •  CA/J/135/2014  •  9 Mar 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the Gombe State High Court of Justice, delivered on the 25-01-13 in Suit No. GM/191/2001, in which Judgment was entered in favour of the Respondent.

The Appellant had initiated the action against the Respondent by way of a Writ of Summons and a Statement of claim dated 19th November, 2001. He claimed as per paragraph 16 thereof are as the follows:

"16. Whereof the plaintiff is aggrieved and claims against the defendant as follows:

1. The payment of the sum of N5,000,000.00 general damages for defamation of character.

2. An Order directing the defendant to offer a public apology to the plaintiff.

3. Payment of the costs of this action."

Upon being served with the claim, the Respondent filed his Statement of defence wherein he also incorporated a Counter-claim. In the Counter-claim, the Respondent claimed in paragraph twelve (12) thereof as follows:

(a) "A DECLARATION that there are two d…

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