(2004) JELR 45776 (CA)    

Court of Appeal  ·  CA/PH/13/95 ·  6 May 2004 ·  Nigeria
Other Citations
Ogbonnaya v. Mbalewe (2005) 1 NWLR (Pt.907)252
Ogbonnaya v. Mbalewe (2005) 1 NWLR (Pt. 907) 252
MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
3rd defendants
express malice
learned trial judge
public demonstration
amended statement of claim
cause of action
fair comment
aforesaid publication
fair hearing
15th august
2nd defendant
particulars of malice
public figure
traditional ruler of uvuru autonomous community
aboh mbaise
plea of qualified privilege
circumstances of this case
community service
decision of the high court of imo state
general public of events
international management system limited
issue of the imo community concord
issue of the said imo community concord
leading judgment
liability of the defendants
local government area of imo state
matters of public interest
member of the imo state council of chiefs
member of the uvuru development union
particulars of claim
publication of his discharge
release of a joint tortfeasor
said amended statement of claim
single issue
subject matter of the proceedings
subjects of the plaintiff
suit joint
title of eze oha
trial court
trite law
uvuru ikedinairi
weekly newspaper

AKAAHS, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Imo State, presided over by Hon. Justice Ogu-Ogoagwu in suit No. HOW/352/86, which was delivered on 19/3/91. The subject matter of the proceedings in the court below is alleged libel published in the 15th August, 1986, issue of the Imo Community Concord which is a weekly newspaper.

The plaintiff now respondent in the appeal is the traditional ruler of Uvuru Autonomous Community in Aboh Mbaise Local Government Area of Imo State and goes by the title of Eze Oha 1 of Uvuru Ikedinairi. Before his ascension to the throne as a traditional ruler of Uvuru Autonomous Community, he worked with the SCOA (Nigeria) Limited for 37 years where he rose to become the General Manager Textiles Division before retiring in 1982. He participated in Community Service by being a member of the Uvuru Development Union (U.D.U.). He also served as the Chairman Mbaise Traditional Rulers Conference from Janua…

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