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PETERSIDE
V.
FUBARA

(2012) JELR 72411 (SC)

Supreme Court 14 Dec 2012 Nigeria
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- This case is an appeal against a judgment of the Court of Appeal Port Harcourt Division, which affirmed the judgment of the High Court Port Harcourt. - The appellant, a consultant ophthalmologist, claimed that the respondent, a university

Case Details

Suit Number:SC. 290/2005
Judges:IBRAHIM TANKO MUHAMMAD, J.S.C. (Presided), MARY UKAEGO PETER-ODILI, J.S.C., OLUKAYODE ARIWOOLA, J.S.C., KUMAI BAYANG AKA’AHS, J.S.C., STANLEY SHENKO ALAGOA, J.S.C. (Read the Leading Judgment)
Counsel:Aham Eke-Ejelam, Esq. (with him, F. O. Otiotio) - for the Appellant Ledum Mitee, Esq. - for the Respondent
Other Citations:(2013) 6 NWLR (Pt. 1349) 156

ALAGOA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Port Harcourt Division delivered on the 31st January, 2005 which affirmed the judgment of the High Court Port Harcourt, Rivers State delivered on the 23rd May, 2001. In the said High Court, the present appellant as plaintiff had as per paragraph 15 of his statement of claim dated 7th September, 1998 claimed against the present respondent as defendant as follows:

i. ₦10,000,000.00 (Ten Million Naira) being general damages for libel.

ii. An injunction to restrain the defendant from further publication of the said words or any of them or of any words to the like effect.

The facts of this case as can be gathered from the entirety of the records, placed before this court are as follows:-

The appellant, a Consultant Ophthalmologist and Traditional Chief in Opobo Town, Rivers State of Nigeria has complained that on or about the 27th November, 1995, the respondent, a University lecturer re…

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