Air France V. Gregory Okwudiafor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

T. O. AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is a judgment in the appeal filed on 17/1/2006 against the judgment of Rivers State High Court sitting in Port Harcourt delivered on 17/1/2007 in which the learned trial judge awarded damages for libel in the sum of N15 million in favour of the Respondent and against the Appellant.

During the proceedings in the trial court, pleadings were exchanged between the parties. Hearing commenced and both parties were legally represented. The Plaintiff commenced his evidence on oath on 25/6/2003 and on that day he was represented by B. E. I. Nwofor (G. T. Ogara with him) while S. A. Akarede – Lawal represented the defendant. The Plaintiff continued his evidence on 17/11/2003, and 9/2/2004. On 3/5/2004 when the case came up for further hearing Defendants counsel sent a letter to the court asking for an adjournment on the grounds that they intended to have the matter settled out of court. The case was therefore adjourned to 7th and 14th June 2004 for continuation of hearing.

There is nothing on record to show that the case was adjourned to a date suggested by learned counsel for the defendant or if not that hearing notice was served on the defendant on his counsel with regards to subsequent days of adjournment.

Hearing continued on 7/6/2004. On 14/6/2004 which was the next adjournment date the defendant was absent and his counsel was also absent.

The trial court granted the prayers of the Plaintiff’s counsel foreclosing the witness from being cross-examined. The case was subsequently adjourned to 13th and 14th December 2004 without any order that hearing notice be served on the defendants.

On 14/3/2005, PW2 gave evidence. The defendant and his counsel were not in court case was later adjourned to 3rd, 4th and 13th June 2005 for cross-examination and continuation of hearing. No orders that hearing notice be issued and served on the defendants were made.

On 3/5/2005, the defendant and their counsel were absent.

Cross-examination of the PW2 was foreclosed. Plaintiff then closed his case.

Case was then adjourned to 13th and 15th June 2005 for defence. Again no order as to service of hearing notice was issued on the defendant.

Expectedly the defendants and their counsel were absent in court. The case was then adjourned to 15/6/2005. No order that hearing notice be issued on the defendants was made.

On 15/6/2005, learned counsel for the Plaintiff adopted the written address filed in the absence of the defendants and their counsel. Case was then adjourned to 10/10/2005 for judgment.

On 5/10/2005, the 1st defendant filed a motion on notice praying or follows:-

“1. An Order directing the Registry of this court to release to the Plaintiff/applicant’s solicitors, Messrs Usman & Eiema (Solicitors) certified true copies of all court processes and proceedings so far filed or recorded in this court in respect of this case.