(2011) JELR 49407 (CA)    

Court of Appeal  ·  CA/B/191/2006 ·  4 Mar 2011 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
statement of claim
ramah petroleum
1st plaintiff
first plaintiff
commissioner of police
lower court
net profit
record of appeal
2nd plaintiff
exhibit d
marine limited
defendant company
statement of defence
alleged libelous statement
leading judgment
nsirim v. nsirim
oral evidence
specific instructions
aid of militant ijaw youths
anate v. sanusi
chief tunde
special damage
1st june
addresses of counsel
alleged libel
alleged libelous words
amended statement of defence
appellant mr. ojo abijogun
behalf of 2nd plaintiff
claims of the plaintiffs
credible evidence
decision of the delta state high court
end of his evidence
end of the evidence
general damage
gross profit of the contract of hiring
iota of evidence of publication
mr. ejiko lee
order of the court
petition of the plaintiff
publication of a defamatory matter
publication of an alleged libelous material
remaining issues
said grounds of appeal
second plaintiff
sum n57,000,000.00
sum of n100,000,000.00

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State High Court, Warri Division, delivered on 28th February, 2006 in Suit No. W/183/2004 per Onajite-Kuejubola, J.

In a 2nd Further Amended Statement of Claim dated and filed on 26th May, 2005, the Respondents, as the plaintiffs before the lower Court claimed for the following reliefs:-

1. A declaration that the petition of the plaintiff against the Defendant which contains the following:

a) "where it became obvious to Ramah Petroleum that we cannot without specific instructions from APC pay any money to them.

They sought the services of one chief Tunde smooth to raid our vessels any time they are traveling on the waterways. This, Chief Smooth accomplishes with the aid of militant Ijaw youths. Ramah petroleum has despite the refusal of A.P.C. to request us to pay, continued to put pressure on us through Chief Smooth and his gang of pirates" amounts to defamation…

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