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AIR FRANCE
V.
OKWUDIAFOR

(2010) JELR 52267 (CA)

Court of Appeal 2 Dec 2010 Nigeria
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Case Details

Suit Number:CA/PH/81M/2006
Judges:M. DATTIJO MUHAMMAD JCA (Presided) ISTIFANUS THOMAS JCA
Counsel:S.E. Elema (with him, D.U. Obi) - for the Appellant. -*- B.E.I. Nwofor (SAN) (with, F.G. Warmate) - for the Respondent.

T. O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is a judgment in the appeal filed on 17/1/2006 against the judgment of Rivers State High Court sitting in Port Harcourt delivered on 17/1/2007 in which the learned trial judge awarded damages for libel in the sum of ₦15 million in favour of the Respondent and against the Appellant.

During the proceedings in the trial court, pleadings were exchanged between the parties. Hearing commenced and both parties were legally represented. The Plaintiff commenced his evidence on oath on 25/6/2003 and on that day he was represented by B. E. I. Nwofor (G. T. Ogara with him) while S. A. Akarede-Lawal represented the defendant. The Plaintiff continued his evidence on 17/11/2003, and 9/2/2004. On 3/5/2004 when the case came up for further hearing Defendants counsel sent a letter to the court asking for an adjournment on the grounds that they intended to have the matter settled out of court. The case was therefore adjourned to 7th and 14th …

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