(2003) JELR 44837 (CA)    

Court of Appeal  ·  CA/L/330/96 ·  5 Jun 2003 ·  Nigeria
Other Citations
Leaders & Co. Ltd. v. Kusamotu [2004] 4 NWLR (pt.864)519
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MUSA DATIIJO MUHAMMAD Justice of The Court of Appeal of Nigeria

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal felt aggrieved by allegations made against her by the appellants. The allegations were published in the 21st August, 1995 edition of "This Day" Newspaper.

She went to court in respect of the allegations as published.

Respondent claimed that the publication was libelous. The court, Lagos State High Court, Justice Moni Fafiade presiding, upheld respondent's claim. She was awarded N2.5 million damages against the appellants with N5,000.00 costs. Judgment was given ex parte the appellants. The judgment is dated 19th April, 1996. Execution of the judgment was levied on 28/6/96.

After withdrawing earlier applications for the same purpose, appellants in their application dated and filed 1st July, 1996, sought the lower court's order to set aside the judgment obtained in their absence and the execution levied. Respondent's counsel raised a preliminary objection to the hearing of this application. M…

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