AVRAHAM MODECHAI ZABUSKY V. MR. O. DEBAYO-DOHERTY (TRADING UNDER THE NAME AND STYLE OF DEBAYO-DOHERTY & CO.)

BAGE JCA (Delivering the Lead Judgment): The appeal arose from the judgment of the High Court of Lagos State sitting at Lagos (hereinafter called “the trial court”) delivered by Hon. Justice D.F. Akinsanya on 18 March 2005.

The claimant caused to be issued a writ of summons dated 4 June 1997, claiming the following:

N4,000,000.00 (four million naira) as damages for the libellous words published by the defendant.

N1,000,000.00 (one million naira) as exemplary damages.

(3) An injunction restraining the defendant, his servants, agents and privies from further repetition and or publication of the said words defamatory of the plaintiff. The writ of summons was accompanied by a statement of claim.

The defendant filed a defence on 8 January 1998, while the claimant A filed a reply to the statement of defence on 29 July 1998. The said claimant’s reply was further amended by the process dated 24April 2002.

The respondent was alleged to have published in a letter dated 16 April 1997 to the Council …