AGBALUGO & ANOR
V.
IZUAKOR

(2017) JELR 34277 (CA)

Court of Appeal 10 May 2017 Nigeria
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- This case is an appeal against a judgment in a tort case for malicious prosecution, false imprisonment, and libel. - The respondent claimed for special and general damages, as well as an apology and announcement of the apology in a newspa

Case Details

Suit Number:CA/J/177/2015
Judges:ADAMU JAURO Justice of The Court of Appeal of Nigeria UCHECHUKWU ONYEMENAM Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:S. Oyawole For Appellant Akazamus M.G. Anakwe, with him, E. O. Ehiabhi For Respondent

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Plateau State in Suit No PLD/J1/2004 delivered by Honorable Justice Y. G. Dakwak on the 30th of September, 2015. The action was commenced by the Respondent against the Appellants and his cause of action was in tort for malicious prosecution, false imprisonment and libel. The Respondent claimed for the sums of ₦809,000.00 and ₦4 Million as special and general damages respectively and for the publication of an apology in a one-page advertisement in Standard Newspaper as well as the announcement of the apology for two days running on Radio FM Jos. The Appellants counterclaimed for damages in the sum of ₦10 Million for breach of their right to privacy and for intimidation and trespass and for an order of injunction to restrain the continuation of the acts.

The matter proceeded to trial and in the course of which the Respondent called nine witnesses and the Appella…

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