(2010) JELR 45729 (SC)    

Supreme Court  ·  SC.16/2004 ·  29 Jan 2010 ·  Nigeria
Other Citations
Akomolafe v. Guardian Press Ltd. (2010) 3 NWLR (Pt. 1181)
ALOYSIUS KATSINA-ALU Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Core Terms Beta
lower court
court of appeal
1st appellant
companies registry
cross examination
fair comment
trial court
qualified privilege
learned counsel
learned trial judge
lower courts
constitutional right
decision of the lower court
members of the public
senior counsel
true facts
fact of his wife
issue of the unpleaded defence
list of companies
officials of the registry
1st appellants
1st plaintiff
amended appellants brief of argument
appeal no. ca
appeal of the appellants
call witnesses
case of the plaintiffs
clear evidence
findings of the learned trial court
following words
judgment of the court of appeal
judgment of the court of appeal holden
judgment of the lagos state high court
leading judgment
light of the uncontroverted evidence of the appellants
material facts of exhibit g
office of the appellants
pleaded defence of qualified privilege
said exhibit g
said findings
similar words of the plaintiffs
suit of the appellants
support of their defence
trial courts conclusion

WALTER SAMUEL NKANU ONNOGHEN, J.S.C (Delivering The Leading Judgment): This appeal is against the judgment of the Court of Appeal Holden at Lagos in appeal NO. CA/L/495/2001 delivered on the 18th day of June, 2003 in which the court dismissed the appeal of the appellants against the judgment of the Lagos State High Court in Suit No. LD/256/86 delivered on the 7th day of October, 1999 dismissing the suit of the appellants, who were the plaintiffs before that court.

The appellants, as plaintiffs in the trial court, claimed, in paragraph 19 of their Amended Statement of Claim, particularly at page 254 of the record as follows:


(i) N 8 Million being damages for libel published of and concerning the 1st plaintiff.

(ii) N 3,105, 000.00 being damages for libel; published of and concerning the 2nd plaintiff.

(iii) An injunction restraining the Defendants, their servants and/or agents from further publishing the said and or similar words of the plaintiffs."

In a judgment delivered on the…

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