(1998) JELR 45576 (SC)    

Supreme Court  ·  SC.18/1991 ·  13 Feb 1998 ·  Nigeria
Other Citations
Irom v. Okimba (1998) 3 NWLR (Pt.540) 19 (1998) 1-2 S.C 162
Irom v. Okimba (1998) 3 NWLR (Pt. 540) 19
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
new issue
grounds of appeal
suo motu
very words
chief awassam
privilege of reading
trial court
appeal turns
appellate courts
battle ground
brother belgore jsc
cardinal rule
chief of their village
constitutional issue
course of the judgment
defamatory expressions
determination of this appeal
facts of the case
final decision
following issues
high court of cross river state
judgment of that court
leading judgment
libel action
lord coleridge cj
matter of defamation
point of law of great importance
present case
primary duty of the court
proper order
question of lack of fair-hearing
raise issues
said chief awassam
statement of claim
statement of defence
statement of defendant
such words
trial judge
wife of the respondent

BELGORE, J.S.C. (Delivering the Leading Judgment): This is a matter of defamation heard by the High Court of Cross River State sitting at Obubra Judicial Division. The appellant now before us was the plaintiff at the trial court. The appellant and the defendant are natives of Apiapum. According to his statement of claim and his evidence in support, the plaintiff (hereinafter referred to as the "appellant"), sent his caretaker and sisters to go and harvest his cassava on his farm so as to make gari out of it. They complied and deposited the cassava tubers at his house. Later the Chief of their village, Chief Awassam sent for the appellant. On getting to the chief's house, where a crowd had gathered including the defendant/respondent, and to the hearing of all there. Chief Awassam informed the appellant that the respondent had lodged a complaint against him that he (appellant) had stolen the cassava belonging to the wife of the respondent. The appellant there and then denied the allegat…

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