Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FAYOSE
V.
INDEPENDENT COMMUNICATIONS NETWORK & ORS

(2012) JELR 39162 (CA)    

Court of Appeal  ·  CA/AE/58/2010 ·  30 Mar 2012 ·  Nigeria
CORAM
SOTONYE DENTON WEST JCA CHIDI NWAOMA UWA JCA TOM SHAIBU YAKUBU JCA

Ratio Decidendi

Core Terms Beta
respondents
learned trial judge
issues
appeal
trial court
brief of argument
mr. ajayi
notice of preliminary objection
records of appeal
defence of justification
favour of the respondents
ground iv
hearing of the appeal
issue no.
leave of this court
report of the state security services
rules of this court
said exhibit
said publication
trial
admissible evidence
cross-examination
evidence of the appellant
j.c.a
local government
mr. owoseni ajayi
news magazine
paras e-g
said magazine
action of the appellant
appeal mr. femi falana
appellant see
appellate court finds
determination of the learned trial judge
findings of the learned trial judge
ground vi
high court of justice
honourable trial court
honourable trial judge
leading judgment
libelous publications
reliance of the learned trial judge
respect of certain utterances of the appellant
staff of the state security services


TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment): On the 19th March, 2009, the High court of Justice, Ado-Ekiti presided over by A.S. Daramora, J., dismissed the action of the appellant who was the plaintiff in the suit No: HAD/81/2004. The plaintiff in that action had claimed the sum of one Billion Naira (1₦bn) as damages against the respondents, for libel published of him and contained in The News Magazine, Vol .23, No.18 Edition of 8th November, 2004 The caption in the said magazine was "My brother is wild and cruel - The shocking Testimony of Governor Fayose's sister." one Peter Morakinyo Ogele also, in the said publication, had addressed a press conference wherein he stated in a text thereat, that the appellant had wanted to kill him; which precipitated the action against the respondents.

The parties called witnesses at the trial and at the end of which, written addresses were filed and exchanged between them. The trial court, in its judgment found for the respondents a…

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