Chukwudi Okoli Achu V. Chief (Dr.) Paul Okonkwo (Mfr) (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The appellant and one Uchenna Nwankwo Onwuneme were involved in an exchange arrangement with one Andrew with respect to a certain plot of land upon which the Osisi-Oguagbaka family members had lived, died and were buried. The appellant and Uchenna Nwankwo Onwuneme were sued by one Chief Oliver Okeke and Andrew Nwankwo for themselves and on behalf of Osisi-Oguagbaka family of Ozalla Isuofia, at the High Court of Justice of Anambra State, holden at Ekwulobia, in order to invalidate the said transaction between the appellant; Uchenna Nwankwo Onwuneme and one Andrew aforementioned.

During the pendency of that suit, the appellant wrote a letter dated 4th June, 2008 which he addressed to Ozalla Village Union Isuofia, Aguata Local Goverment Area. The said letter was titled to wit: ?PLEASE HELP ME BEG CHIEF PAUL OKONKWO (OJI) TO LET ME AND UCHENNA NWANKWO ONWUNEME LIVE IN PEACE LIKE HIM?.

?The said letter was circulated and published to all branches of Isuofia Progressive Union Federated; Officers and members of Ucheora Age Grade, Ametete Kindred, Enugwu-Ozalla

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Kindred. The respondent felt that the contents of the letter aforesaid had maligned and intimidated him. He therefore filed an action against the appellant at the Anambra State High Court of Justice, holden at Ekwulobia. He claimed N500,000,000 (Five Hundred Million Naira) General Damages for libel and An order of Court compelling the defendant to tender a public apology to him, to be published full page in three National Dailies (Guardian, Champion and Sun Newspapers).

?The appellant resisted the claim. Pleadings were filed and exchanged between the parties. Both of them led evidence and tendered into evidence, some documentary exhibits. Learned counsel to the parties, filed and exchanged written addresses. The learned trial judge, in his judgment, found for the respondent and awarded the sum of N50,000,000 (Fifty Million Naira) damages for libel, to him. Furthermore, it was ordered that the appellant renders a written apology to the respondent, which shall be published, half page, in the Guardian and Champion Newspapers.

The appellant, piqued with the trial judge?s decision against him, approached this Court, to ventilate his grouch, anchored

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on a notice of appeal, which originally contained two grounds of appeal. The appellant, thereafter and with the leave of this Court filed an Amended Notice and Five (5) Grounds of Appeal.

In order to effectively prosecute the appeal, the appellant?s brief of argument, prepared by G. B. Obi, Esq., which was filed on 11th February, 2013 was deemed as properly filed and served on 12th February, 2013. In it, three issues were nominated for the resolution of the appeal, to wit:

“(i) Whether the trial Court was right to have discountenanced Exhibits D1, D3, D3, D4, D5 and D6 on the basis that they are either not originals, properly certified true copies or material/relevant for the determination of the case (Ground 2).

(ii) Whether the High Court was right to have assumed jurisdiction to hear the suit notwithstanding exhibits D4 and D5 and awarding the sum of N50 Million as damages to the respondent. (Ground 4)

(iii) Whether the decision of the Court that Exhibit P1 is libellous is borne out by the pleading and evidence on record. (Grounds 1, 3 and 5).”