(2000) JELR 43936 (CA)    

Court of Appeal  ·  CA/K/196/98 ·  3 Mar 2000 ·  Nigeria
Other Citations
Yahaya v. Munchika (2000) 7 NWLR (Pt.664)300
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
statement of claim
statement of defence
trial court
present case
squadron leader amego
learned counsel
necessary ingredients of libel
civil case
claim of the appellant
defamatory meaning
driver of the vehicle
following manner
grounds of appeal
requirement of publication
retired senior military officer
sqn ldr amego
star general
accident of his son
alleged defamatory materials
authority of the cases of nsirim v. nsirim
averments of publication
avm yahaya mahmoud
briefs of argument
case of the plaintiff
cases of atuyeye v. ashamu
commissioner of police
contents of exhibits
criminal case
foregoing finding of this court
form of the defamatory material
high court
ihewuezi v. ekeanya
leading judgment
notice of appeal
omnibus ground of appeal no.1
police investigation
procedures of law
proof of publication of exhibit
such false attack
suit of the appellant
very day
written statement

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice Kaduna State at Kaduna delivered by Abiriyi J. on 1/4/98 dismissing the suit of the appellant. The claim of the appellant who was the plaintiff against the respondent who was the defendant at the High Court as contained in the writ of summons is for:-

"Damages against the defendant in the sum or N10,000.000.00 (Ten Million Naira only) arising from a libel which the defendant falsely and maliciously wrote and published in a letter titled "PETITION FOR REDRESS AGAINST AVM YAHAYA MAHMOUD (RTD) AND SQN LDR AMEGO" addressed to the Commissioner of Police dated 31st December, 1996 and copied to several notable personalities in the country of and concerning the plaintiff in the following manner amongst others:-

'...from all indications they had put a full stop to the case since they retrieved their car which was barely damaged impact'. Page 4 of the petition.

The AVM,…

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