(2002) JELR 46315 (CA)    

Court of Appeal  ·  CA/I/228/98 ·  16 Jul 2002 ·  Nigeria
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr pt
trial court
learned trial judge
statement of defence
fair hearing
community banks abuja
exhibits a1-a6
inspector-general of police
leading judgment
chairman national board
statement of claim
additional statement of defence
ambiguous facts
evidence of the appellant
amendment of his pleadings
appellate court stand
board of the bank
commencement of trial
considered judgment
contents of exhibits a1-a6
copy of the letter
defamatory matters
director of the akesan community bank
ensi v. idika
findings of fact
insurance claim
kalu v. odili
letters exhibits a1-a6
obiora v. osele
offensive publication
o. o. adekeye
order of perpetual injunction
oyebade v. ajayi
part of a counsel
preview of the lead judgment
promoters of the akesan community bank
respondents vide page
said letter
such further allegations
titilayo v. olupo
udene v. ugwu

O. O. ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Oyo State - Oyo Judicial Division - delivered on the 27th of January 1997. By the endorsement on the Writ of Summons - though superseded by paragraph 26 of the statement of defence the plaintiffs, Chief Moses Makinde and Navy Captain Makinde (rtd) claimed against the defendant, Alhaji Rashidi Bayo Salawu two relief's namely:-

a) The sum of N1, 000, 000 (One Million Naira) being damages suffered by the plaintiffs as a result, of false and malicious communications by the defendant in writing at diverse dates in 1994 to Chairman National Board for Community Banks Abuja and others alleging inter alia that the plaintiffs committed Arson to wit setting fire on the 1st plaintiff's house at Oyo, in which one John Udoh died in the inferno which he knew to be at false criminal accusation attracting severe penal consequences.

b) An order of perpetual injunction restraining…

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