(2018) JELR 46296 (CA)    

Court of Appeal  ·  CA/L/944/2015 ·  23 Feb 2018 ·  Nigeria
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Core Terms Beta
third party
nigeria police
counter claim
learned trial judge
exhibits d16
malicious publication
libelous words
open court
general damages
lower court
counter claimant
terab v lawan
use of the word
actual words
ag rivers state v ude
alleged infraction of a pillar of fair trial
appellants petition
briefs of the parties
case of the party alleging defamation
claim of the claimant
control of the appellant
duty of the courts
duty of the police
fajemirokun v commercial bank
iniama v akpabio
judicial process
leading judgment
libelous matter
ltd v agip petroli int
newspaper publication
okpulor v state
olufeagba v abdul-raheem
ors v egbuchiri ugwuegbu
principle of fair hearing
publication of exhibits d16
purported publication of exhibits d16
respect of the judgment of the lagos state high court
said issues
sole issue
support of the respondent

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of the judgment of the Lagos State High Court delivered on the 25th May, 2015 by HON. JUSTICE M.O. OBADINA wherein the Court below dismissed the claim of the Claimant and entered judgment for the defendant/counter claimant for libel. Dissatisfied with the decision, the Appellant filed a Notice of Appeal on the 30/6/15 setting out 8 grounds of appeal.

The Appellant as claimant filed a claim before the Court below and sought for the following:

1. The sum of N1,431,863,050'26 (One Billion, Four Hundred and Thirty One Million, Eight Hundred and Sixty Three Thousand, Fifty Naira and Twenty Six Kobo) being the outstanding unpaid principal sum and accrued interest thereon in respect of the facility granted the 1st defendant by the Claimant and guaranteed by the 2nd defendant.

2. Interest at rate of 21% from 14th May 2009 until judgment and thereafter at the rate of 7% per annum until final liquidation.


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