(2003) JELR 44783 (CA)    

Court of Appeal  ·  CA/I/52/97 ·  7 Jul 2003 ·  Nigeria
Other Citations
Alawiye v. Ogunsanya [2004] 4 NWLR (Pt.864)486
Alawiye v. Ogunsanya (2004) 4 NWLR (Pt. 864) 486
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
6th august
alhaji osikoya
married woman
ijebu ode central mosque
alhaji alawiye
ijebu ode
learned trial judge
central mosque
fatai osikoya
learned trial court
13th august
alhaji fatai osikoya
cross appeal
following words
last friday
lower court
moslem comprehensive high school
principal of the school
trial court
english language
english translation
issue of the shortcomings of the principal
married woman of substance
plaintiff words
alleged uttering of the said words
appellant of the alleged libel
cumulative damages
evidence of the witnesses of the respondent
exhibit a
extent of the coverage of the defamatory publication
judgment of the court
notice of appeal
order of damages
part of the testimony of the 1st plaintiff
principal have girl friend
proof of the case
record shows
respect of the publication of the alleged slander
said evidence
said ikede
said issue
said words
settled principles of law
statement of claim
such award

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court Ogun State of Nigeria, sitting in Ijebu Ode, presided over by Hon. Justice J. Mabogunje. The judgment was delivered on 10th October, 1995.

In that court, the plaintiff now respondent, sued the defendant now appellant for damages for (1) slander, and (2) libel. To wit that on 6th August, 1993, the defendant at the Central Mosque ,Ijebu Ode, uttered the following words concerning the plaintiff; and thereby, defamed the plaintiff in these words in Yoruba, saying the words (supplied) and for which the English translation is "my brothers in Islam, you should not believe what Alhaji Osikoya told you as the truth, because he is telling a lie to cover up the principal of the school. Both of them are lovers, Alhaji Osikoya is allowing his lust to over ride his religious duty."

That on the 13th August, 1993, in and around the Ijebu Ode Central Mosque, the defendant c…

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