ISHAKU & ANOR
V.
AINA

(2003) JELR 44839 (CA)    

Court of Appeal  ·  CA/I/180/96 ·  25 Mar 2003 ·  Nigeria
 · 
Other Citations
Ishaku v. Aina [2004] 11 NWLR (Pt.883)146
Ishaku v. Aina (2004) 11 NWLR (Pt. 883) 146
CORAM
VICTOR AIMEPOMO OYELEYE OMAGE 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
respondent
appellants
court
plaintiff
evidence
learned trial judge
defence of justification
trial court
issues
appellate court
defendants
evidence act
breakdown of law
lower court
statement of defence
award of damages
statement of claim
general damages
instant appeal
totality of evidence
decision of the court
election venue
provisions of section
totality of the evidence
decision of the learned trial judge
high court registry
instance of the administrative secretary
irrelevant factors
local government
appearance of the respondent
case dw3
commission of a crime
defamatory meaning
minor cases of malpractices
such evidence
award of n1,000.000
brief facts of the case
champion newspapers
check particulars of the court
credible evidence
given case
judgment of the oyo state high court
leading judgment
rules of this court
said judgment
trial of this case
truth of any imputation
truth of the publication

OLUFUNLOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Oyo State High Court, Ibadan as contained in the judgment delivered on the 10th of May, 1994. According to the brief facts of the case - the plaintiff before the lower court, Oluwole Aina - now respondent in the instant appeal claimed against the defendants - Jonathan Ishaku and Champion Newspapers Limited, who are the appellants, jointly and severally for the under-mentioned reliefs:-

1. N1, 000,000 (one million Naira) being general damages for libel committed by the defendants when at page 3 of the Sunday Champion of June 19th, 1990 the defendants printed and published of and concerning the plaintiff the words to the following effect:-

'Oyo - Ola Ogundipe reported minor cases of malpractices in some areas which nearly marred the exercise. A contestant for the NRC in the Ibadan Municipal Local Government, Mr. Oluwole Aina, was whisked off from the election venue at the ins…

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