(2018) JELR 38800 (CA)    

Court of Appeal  ·  CA/L/626/2013 ·  16 Feb 2018 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria BIOBELE ABRAHAM GEORGEWILL Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
reasonable cause of action
mr. emmanuel kayode musa
company secretary
1st respondent
claims of the appellant
defamatory words
financial crimes commission
ruling of the court
inter alia
libelous words
defamation of his person
external audit report of the 1st respondent
finding of fact
legal practitioners
order of mandatory injunction
said letter
1st 4th respondents
3rd 4th respondents
associate member of the chartered institute of accountants
case of the appellant
defamatory words shows
defendant see see nsirim v
emmanuel kayoe musa v
false allegation of crime
falsity of the libelous words
general damages
judge of the court
malicious defamation of claimant
part of the libelous words
pleadings of the parties
preliminary investigation
prima-facie case
proof of the truth of the libelous words
published words
respective applications
ruling of the high court of lagos state
staff file of the 1st defendant
submissions of counsel
suit no. ld
top executive position of the company secretary
way of his employment

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the ruling of the High Court of Lagos State, Coram: E. A. A. Adebajo J., in Suit No. LD/ADR/39/2013: Emmanuel Kayoe Musa v. Arbico Plc and Ors delivered on 20/5/2013, in which the claims of the Appellant as Claimant against the Respondent as Defendant were struck out for failure to disclose reasonable cause of action.

The Appellant was peeved with the said ruling and had promptly appealed to this Court vide his Notice of Appeal filed on 31/5/2013 on 4 grounds of appeal at Pages 275 - 281 of the record of appeal. The record of appeal was duly transmitted to this Court. The Appellant's brief was filed on 22/7/2013. The 1st 4th Respondents' brief was filed on 4/9/2013 but deemed properly filed on 15/1/2018. The Appellant's reply brief was filed on 18/9/2013 but deemed properly filed on 15/1/2018.

At the hearing of this appeal on 15/1/2018, Miss O. O. Dansu learned counsel to the Appellant appear…

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