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AIR VICE MARSHAL MAHMOUD YAHAYA (RTD.) v. MAJOR HASSAN T. MUNCHIKA (RTD.)

(2000) JELR 43936 (CA)

Court of Appeal  •  CA/K/196/98  •  3 Mar 2000  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA;

Judgement

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Kaduna State at Kaduna delivered by Abiriyi J. on 1/4/98 dismissing the suit of the appellant. The claim of the appellant who was the plaintiff against the respondent who was the defendant at the High Court as contained in the writ of summons is for:-

"Damages against the defendant in the sum or N10,000.000.00 (Ten Million Naira only) arising from a libel which the defendant falsely and maliciously wrote and published in a letter titled "PETITION FOR REDRESS AGAINST AVM YAHAYA MAHMOUD (RTD) AND SQN LDR AMEGO" addressed to the Commissioner of Police dated 31st December, 1996 and copied to several notable personalities in the country of and concerning the plaintiff in the following manner amongst others:-

'...from all indications they had put a full stop to the case since they retrieved their car which was barely damaged impact'. Page 4 of the petition.

The AVM,…

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