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OFFOBOCHE
V.
OGOJA LOCAL GOVERNMENT & ANOR

(2001) JELR 49395 (SC)    

Supreme Court  ·  SC.139/1996 ·  13 Jul 2001 ·  Nigeria
 · 
Other Citations
Offoboche v. Ogoja L.G (2001) 16 NWLR (Pt.739) 458 (2001) 7 S.C (Pt.III) 107 (2001) All N.L.R 752
CORAM
EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
2nd respondent
public officers protection law
continuous publications
case of a continuance of damage
leading judgment of the court of appeal
cause of the action
statement of claim
leading judgment
trial judge
single award of damages
occasions of qualified privilege
ministry of defence
laws of cross river state
case of libel
learned judge
amended statement of claim particulars
chairman of the ogoja local government area
power of attorney
trial court
13th september
first publication of the libellous materials
execution of any such law
material time
public meetings
separate awards
said judgment
protection of the law
natural person
basis of the earlier misrepresentation of facts
limitation question
course of duty
20th june
letter of 27th september
defence of limitation
defence of qualified privilege
matter of grant of power
circumstance of actual malice
20th july
federal military government
part of the land
legal practitioners
amended statement of claim
1st respondent
appeal
privilege of the occasion of publication
4th october
quantum of damages
abuse of office

AYOOLA, J.S.C. (Delivering the Leading Judgment): Sometime in or about 1974, the Federal Military Government through the Ministry of Defence acquired a substantial parcel of land along Okuku-Ogoja road in Ogoja for the purpose of Ogoja Army Cantonment. The appellant, Dr. Mathias Offoboche, who owned a part of the land acquired, was given a power of attorney by persons who, on the face of it, were representatives of some communities which owned another portion of the land acquired. By a letter dated 13th September, 1988 the Ministry of Defence ("the Ministry") wrote to the Chairman of the Ogoja Local Government Area, Ogoja asking for confirmation of competence of donors of power of attorney to the appellant in respect of the acquired land. The 2nd respondent, Mr. Joseph OkoAgabi, was the Chairman of the Local Government at the material time. By his letter of 27th September, 1988, he as the Chairman of Ogoja Local Government, in reply to the request, wrote to the Ministry confirming tha…

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