(2018) JELR 38905 (CA)    

Court of Appeal  ·  CA/IL/22/2017 ·  5 Jul 2018 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
senior counsel
honourable court
trial court
supreme court
letter of adjournment
record of appeal
trial judge
appellant claimant
appellants claimants application
code of conduct tribunal
law firm
6th respondents
firm of k. k. eleja
learned silk
senior advocate of nigeria
1st 6th respondents defendants
order of the honourable court
such act
written address
8th respondents defendants
agreement of counsel
alleged discourtesy of k. k. eleja
case file
case of the appellant claimant
chambers of the appellant claimant
conduct of the honourable court
facts of this case
further hearing of his case
further hearing of the matter
grounds of the appellants claimants application
honourable chief judge of kwara state
honourable justice mahmud abdulgafar
judge of the high court of kwara state
letters of apology
order of perpetual injunction
order of the honorable court
pre-trial conference
professor of law
ruling of the kwara state high court
said decision
separate affidavits
trial judges ruling
unreasonable apprehension of bias of the claimant

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision/Ruling of the Kwara State High Court, presided over by Honourable Justice Mahmud ABDULGAFAR delivered on the 7th December, 2016.

In the said decision, the learned trial Judge dismissed the Appellants Claimants Application praying the Judge to recuse himself from further hearing of the matter on ground of fair hearing.

The Appellant is a Legal Practitioner and a Professor of Law at the University of Ilorin. He instituted this case for libel against the 1st 6th Respondents Defendants who were academic staff in various Universities in Nigeria. The 7th and 8th Respondents Defendants were sued as Publisher and the individual that reported the alleged libelous publication.

On the Writ of Summons and Paragraph 34 of the Statement of Claim on Page 22 of the Record, the Appellant Claimant subscribed the following Reliefs:-

i. An order of perpetual injunction restraining the Defendants from publ…

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