Mrs. Justina Ozo Inoma V. Mrs. Veronica Nzekwu (2007)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A.

This is an appeal against the Judgment of the High Court of Anambra State holden at Onitsha in Suit No:-O/46/2001 – Mrs. Justina OZO Inoma V. Mrs. Veronica Nzekwu. In the said Judgment delivered on the 14th day of February 2006, the Plaintiff/Appellant’s claim for (N1,000,000.00) One million Naira damages for defamation of character was dismissed.

Dissatisfied with the said Judgment the appellant now appealed to this court.

The appellant formulated three issues for determination as follows:-

“(1) Was the alleged defamatory words actually defamatory?

(2) Whether, by the state of pleadings in this suit, the Defendant had not admitted making the defamatory statement.

(3) Whether, on the evidence before the court, the Plaintiff had not proved her case.”

The Respondent on the other hand formulated four issues for determination as follows:-

“(1) Did the defendant make the alleged defamatory statement,

(2) Whether the alleged statement was actually defamatory of the Plaintiff.

(3) Whether the publication of the slander complained of was proved

(4) Whether on the state of pleadings and on the evidence before the court the Plaintiff had proved her case,”

At the hearing, learned counsel for the parties adopted and relied on their respective briefs of argument.

The issues formulated on behalf of the parties are similar in nature, however the issues as set out on behalf of the appellant are considered relevant and apt to determine this appeal.