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NWAENANG
V.
NDARAKE & ORS

(2013) JELR 35779 (CA)

Court of Appeal 9 May 2013 Nigeria
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Case Details

Suit Number:CA/C/178/2011
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:Ubong Edemekong, Esq. For Appellant E.E. Eneyo, Esq. For Respondent

MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State, Uyo in the Appellant's suit No. HU/77/95 delivered on the 8/4/2011. The Appellant's case against the Respondents before the High Court was set out in the paragraphs 7 - 10 of the Amended Statement of Claim dated and filed on the 7/7/1997 as follows:-

"7. On the 13th December, 1994, the defendants and two others namely, Chief David E, Akpakip and Chief Okon Ndem jointly and severally falsely and maliciously published of and concerning the plaintiff;

A letter titled - Re: Petition, Factors Necessary for Peaceful Co-existence to the Chairman and Managing Director of Mobil Producing (Nig.) Unlimited, Victoria Island, Lagos. The said letter is hereby pleaded.

8. At pages 1 and 2 of the aforesaid fetter, the defendants made the following libelous statements against the Plaintiff;

(i) "That no good community as ours would allow someone with dubious behavio…

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