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OLAGHERE
V.
P. P. & P. (NIG.) LTD

(2011) JELR 57860 (HC)

High Court 21 Jun 2011 Nigeria
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- The claimant filed a lawsuit against the defendants, seeking the withdrawal of a calendar featuring a photograph of his personal residence without his consent. - The claimant alleged that the defendants invaded his right to privacy, under

Case Details

Suit Number:ID/853/2002
Counsel:T. Taiwo (Esq.) (with him are, U. Akepeyi and T. Olomofe) - for the Claimant. -*- L. Opawoye (Esq.) (with him, M. Udoh) - for the Defendants. -*- The judgment in this case could not be delivered on the scheduled date because the final written address of the claimant could not be located in the file. -*- On 24 May 2011, the court had to call on learned counsel for claimant (when the matter came up) in open court to file a copy of the written address of the claimant so that the court could take advantage of the written address in addition to that of the defendant in the matter.

JUSTICE Y. O. IDOWU (Delivering the Judgment): This suit was commenced by a writ of summons and statement of claim dated 25 March 2002. The claimant is claiming;

1. An order that the defendants withdraw or cause to be withdrawn from circulation within and outside Nigeria all the printed and distributed Sandtex 2002 calenders.

Alternatively

The defendants should be ordered jointly/or severallynto publish a letter of apology to the plaintiff, the content of which must be approved by his solicitor in a widely circulated and read daily newspaper.

2. The payment of the sum of ₦100 million (one hundred million naira only) as aggravated and/or exemplary damages against the defendants"

The claimant averred that on 24 January 2002, a personal friend of his called his attention to the year 2002 calendar of the 1st and 2nd defendants known and referred to as the “2002 Sandtex calendar” in which he discovered the following:

That the photographs of his personal and family residence known as No. 46,…

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