COOMASSIE
V.
TELL COMMUNICATIONS LTD & ORS

(2002) JELR 44686 (CA)    

Court of Appeal  ·  CA/A/12/2001 ·  26 Jul 2002 ·  Nigeria
 · 
Other Citations
Caamassie v. Tell Camm. Ltd. (2003) 1 NWLR (Pt. 802)pg. 551
CORAM
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
costs
learned trial judge
learned counsel
defendants
issue of costs
4th defendant
appeal
case
notice of discontinuance
party
fair hearing
grounds of appeal
jurisdiction of the court
trial judge
award of costs
breach of the appellant
earliest opportunity
ex-parte order
plaintiff counsel
privilege of reading
provisions of order
record of proceedings
2nd defendant
3rd day of may
5th day of february
amended notice of appeal
chief of the said magazine
examination of the printed record
ex-parte application of that date
first defendant
following cases
fundamental right
high court of justice of the federal capital territory
important matter
leading judgment
learned trial judge exercise
mr. adegboruwa of counsel
mr. tokumbo onagoruwa of counsel
n500,000 costs
record of proceedings of the court
result of any decision
resumed hearing
service of the writ of summons
set aside
suit no. fct
tell magazine issue of no.
then registrar of the court
third defendant
trite law

MUSDAPHER, J.C.A.: (Delivering the Leading Judgment): In the High Court of Justice of the Federal Capital Territory, Abuja, and in suit No. FCT/HC/CV/33/99, Alhaji Ibrahim Coomassie, the erstwhile Inspector General of Police, as the plaintiff claimed against the defendants, damages for libel. The offending statement was said to have been published in Tell Magazine issue of No. 52 dated December 28th, 1998. The first defendant is the publisher of the Magazine, the 2nd defendant and the third defendant are the reporter and the Editor-in-Chief of the said Magazine, while the 4th defendant was the person, who made the alleged offending statement in an interview which was published as aforesaid. The defendants were all said to be resident at Lagos outside the jurisdiction of the court.

The action was said to be instituted against the defendants on the 5th day of February, 1999 and by an ex-parte application of that date, the plaintiff obtained leave to issue and serve the writ outside the …

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