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VANGUARD MEDIA LIMITED & ORS V. OTUNBA ADEBIYI O. OLAFISOYE

(2011) JELR 33900 (CA)

Court of Appeal  •  CA/L/926/2008  •  11 Apr 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; HUSSEIN MUKHTAR JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Judgement

CLARA BATA OGUNBIYI, JCA (Delivering the Leading Judgment): This is an appeal against the final judgment of the Lagos High Court delivered on the 18th July, 2008, wherein judgment was given in favour of the respondent/claimant.

The action was commenced by the Respondent/Claimant against the Appellants/Defendants by a writ of summons dated 19th July, 2002 and a statement of claim dated 8th day of July, 2002. In the writ of summons and the statement of claim the Respondent/Plaintiff at pages 77 and 78 of the record claimed against the defendants jointly and severally as follows:-

"(a) The sum of ₦100, 000, 000.00 (one Hundred Million Naira) being general damages suffered by the plaintiff on account of the malicious and libelous publication by the Defendants of an Article captioned; "This man could commit murder" in the 8th July 2001 edition of the Sunday Vanguard, which was widely and extensively sold and distributed all over Nigeria, overseas and more particularly in Lagos within the j…

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