(2000) JELR 43985 (CA)    

Court of Appeal  ·  CA/E/49/99 ·  18 Jan 2000 ·  Nigeria
Other Citations
Illoabachie V. Iloabachie (2000) 1 NWLR (Pt.656)178
Iloabachie v. Iloabachie (2000) 5 NWLR (Pt. 656) 178
NIKI TOBI Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
comrade emeka iloabachie
learned trial judge
defence of qualified privilege
allen lane
defence of justification
suit no.
qualified privilege
statements of claim
statements of defence
brief of argument
head of the family
mgbelekeke family of onitsha
court of appeal rules
late peter iloabachie
a. c. iloabachie
amended statements of defence
appreciation of the issues
common ground
consolidated actions
death of peter iloabachie
disposition of the property
drift of a particular expression
end of the trial
evidence of the plaintiff
exhibit c
father of the respondent
further publication of the defamatory words
james iloabachie
law of evidence
libelous statements
lineage of the family
madam veronica iloabachie
number of issues
paternal grandfather of the appellant
pivot of the argument of the learned counsel
property of peter iloabachie
resume of the immediate facts
said defence
success of the defence of qualified privilege
time document
torts law cap
use of those expressions
weight of evidence

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogidi Judicial Division of the Anambra State High Court dismissing the consolidated actions by the appellant who as the plaintiff sued the respondent as the defendant for libel in two separate actions claiming in each action the sum of N5,000:00 as special and general damages and also praying for an order of injunction restraining the respondent from further publication of the defamatory words.

As the causes of action arose from the controversy over the disposition of the property in dispute according as whether it is personal to the appellant or it belongs to the parties' family, it will ease an appreciation of the issues raised by the appeal to note the root of title to the land in dispute and give a bird's eye view of the lineage of the family and a resume of the immediate facts that led to the institution of both actions.

It is common ground that No.1, Allen Lane, Onitsha, from the commen…

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