Chief Tubowayanaba Frank Oruwari V. Mrs. Ine Osler (2005)

LawGlobal-Hub Lead Judgment Report

PIUS OLAYIWOLA ADEREMI, J.C.A.

The appeal here is against the judgment of the High Court of Rivers State holden at Degema Judicial Division in Suit No. DHC/23/94 delivered on the 17th of December, 1997. Suffice it to say that the successful plaintiff before the Court below also cross-appealed against part of the judgment.

The plaintiff (hereinafter referred to as the respondent/cross-appellant) had claimed against the defendant (hereinafter referred to as the appellant/cross-respondent) a total sum of N40 million (Forty Million Naira) being damages for slander in that the appellant/cross-appellant according to the respondent/cross-appellant, at different times and places falsely and maliciously published and spoke of her (respondent/cross-appellant) the following words.

“On the 12th day of December, 1992 in Oruwari family meeting:

‘INOGOGO ORUWARI A KO A PIRIM KE IGWURUTA WARI NAMA I BIRI BE IGBIGI FIA NAMINA, NGBA A LAWYUER IGBIGI ME AGBE TE KE POLO PIRITE –

– Meaning in English language:

‘If Inegogo Oruwari has not embezzled the moony I gave her to develop Igwuruta Estate. I would have sponsored the lawyers’ fee for the Compound.”

On or about the 7th day of May, 1994 in the presence of Clement Ibialabo and others:

“SAKI MENGBA I PA BE BE I BIARI IDIGI, INEGOGO ORUWARI IGBI FI TE DIRI KO NNA PIRI TE IBA TE DOKI ORI KRABIO A PA KURO, TE MEGI MA BUROARI – literally translated into English Language to mean:

“Every time you always say you are sick, look at me since Inegogo Oruwari has been giving money to people to kill me with medicine I am still strong and I am walking about.”

Again on 8th of April, 1994, in the presence of Ms. Nwankwo and Mr. Abiye John and before the plaintiff at Amachree Samare Buguma, the appellant was alleged to have spoken the following words:

“O MINE A SULE… OOO! O MINE A SULE…. OOO! INEGOGO ORUWARI FURUBA, MIE A ARI NGO KOM ARI BARA, JAPU INOMA MABURO MIE A PA KE OWERRI NAPU INOMA BARA, A PILI INOMA TE. O MINE A SULE OOO! O PIKI A SULE OOO! O MINE A SIN FURUBO, FURUBO.” which according to her when translated means:

“Shame her, shame her. She is a thief that is how she makes her money-doping people. This is how she duped Owerri people and she also duped me. Shame her, shame her, again call her a thief, THIEF.”

Again on 28/9/93, the appellant/cross-respondent was alleged to have falsely ad maliciously published and spoke of and concerning the respondent/cross-appellant the following words in the presence of Seye Briggs and some customers of Township Community bank, Port Harcourt Court.