(2018) JELR 38737 (CA)    

Court of Appeal  ·  CA/IL/103/2017 ·  10 Jul 2018 ·  Nigeria
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibit k
lower court
statement of claim
trial court
dictionary meaning of the word
grounds of appeal
amended statement of defense
circular dated 9th of may
defamatory words
learned trial judge
publication of the alleged defamatory statement
trial courts
circumstances of this case
common ground
general secretary
judgment of the lower court
leave of court
order of the apex court
publication of exhibit k
totality of the facts
alleged incompetence of the appellants
appellant of publication
branch executives
clear purport of the ground of appeal
close of evidence
dr. taiwo oloruntoba
file of the university of ilorin community
finding of prove of publication
finding of the trial
further publication
instant appeal
issue of the incompetence of appellants
kwara state capital
leading judgment
libelous statement
members of the staff of the university
national body of asuu
notices of appeal
part of the trial courts decision
preliminary facts
records of appeal
regard make reference
said act
title of exhibit k
title of exhibit k.
title of the circular exhibit k
trial courts reliance
way of circulars

HAMMA AKAWU BARKA, J.C.A.(Delivering the Leading Judgment): The instant appeal is against the judgment of M. O. Adewara J of the Kwara State High Court sitting in Ilorin, the Kwara State capital in suit No. KWS/210/2011 between Dr. Taiwo Oloruntoba- Oju and Dr. S. Y. Omoiya and one or, delivered on the 13th of April, 2017.

Indeed the parties to the action before the lower Court are academics and members of the staff of the University of Ilorin. It is common ground that the respondent a senior lecturer in the department of English was amongst the 49 lecturers sacked by the University of Ilorin sometimes in the year 2001; but later reinstated after litigation by Order of the apex Court in 2009. The respondent before the sacking of the 49 staff members from University of Ilorin, hereafter called Unilorin, was the chairman of the Academic Staff Union of Universities (ASUU) Unilorin Branch, having been sacked in 2001, and between 2001 to 2009, members of the Academics of the University, by …

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