(2003) JELR 44914 (CA)    
Court of Appeal  ·  CA/I/236/2001 ·  3 Apr 2003 ·  Nigeria
Other Citations
David-West v. Oduwole [2003J 12 NWLR (Pt.835)682
David-West v. Oduwole (2003) 12 NWLR (Pt. 835) 682
MURITALA AREMU OKUNOLA 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
trial court
learned trial judge
award of damages
learned counsel
main issue
trial judge
ministry of petroleum resources
quantum of damages
supreme court
leading judgment
appellate courts
comatose state
evidence of pw1
facts of this case
principle of award of damages
set aside
statement of claim
submissions of both learned counsel
way of reply
award of n10,000.00
briefs of argument
evidence of the plaintiff
prevailing law
actual pecuniary loss
additional grounds of appeal
appellant vis
decision of the trial court
defendants damages
following reasons
issue no.3 of the appellant
judgment of the high court of oyo state
judgment of the trial court
leave of court
mere academic exercise
natural injury
original grounds of appeal
proof of his case
see ojini v
single issue
social disadvantage
submissions of both learned counsels
view of the foregoing
wrong principle

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Oyo State of Nigeria holden at Ibadan presided over by R. G. Oyetunde, J., and delivered on 1st day of July, 1999.

The facts of this case briefly put were as follows:

The writ of summons and statement of claim in this matter were filed on the 8th of October, 1996, plaintiff therein claimed against the defendants damages for libel contained in the Nigerian Tribune of Monday, 2nd September, 1996. The pleadings were subsequently amended and the prevailing statement of claim and statement of defence are the further amended statement of claim and the further amended statement of defence. Plaintiff called four witnesses including himself in proof of his case, defendants elected not to give evidence in rebuttal and after addresses by learned counsel for the parties, the trial Judge gave judgment on the 1st of July, 1999. In the judgment, the learned trial Judge held that only one …

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