Hector Osondu & Ors V. Mr. Benneth Ngonadi (2016)

LawGlobal-Hub Lead Judgment Report

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.

This is an interlocutory appeal against the decision of the Anambra State High Court sitting at Nnewi (hereinafter referred to as the lower Court), delivered by Hon. Justice M. I. Onochie, J., on the 25th day of April, 2012. The substantive suit was instituted by the plaintiff/respondent against the appellants/defendants on the basis of an alleged defamation of his name, character and reputation. Pleadings were filed and exchanged between the parties. However, the appellants/defendants brought a motion on notice filed on the 7th day of February, 2012, wherein they sought for the following reliefs:
“1. An order striking out this suit for being incompetent.
2. And for such Order or further Orders as the Honourable Court may deem fit to make in the circumstances.”

The said motion on notice was brought on the following grounds:
“1. Failure to join the said Newspaper that published the purported defamatory words.
2. Mis-joinder of the Incorporated Trustees of Roman Catholic Church Nnewi.”

The motion was accompanied by an affidavit,

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further affidavit and written addresses in support thereof. The plaintiff/respondent on his own part filed a counter affidavit and written address in opposition to the said application. At the end of it all, the learned trial judge upon the giving of due consideration to all the processes placed before him, refused the grant of and dismissed the said application.

The defendants/appellants being dissatisfied with the decision of the learned trial judge, appealed against the same. They filed their joint notice of appeal to this Court. The grounds of appeal without their particulars are as follows:
“GROUND ONE:
The learned trial judge with respect erred in law when he held that the newspaper itself is not a juristic person and cannot be sued.”
“GROUND TWO:
The learned trial judge with respect misdirected himself in law when he held that in an action for libel published in Newspaper the proper parties to sue are:
(a) The publishers of the newspaper and/or reporter and the person who gave information which led to the publication.
(b) The editor of the Newspaper.”
“GROUND THREE:
The learned trial judge misdirected

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himself in law when he failed to strike out the name of the 2nd Defendant from the suit in reliance to Order 13 Rule 16 (1), (2) and (3) of Anambra State Civil Procedure Rules, 2006.”

In accordance and compliance with the applicable rules of this Court, the parties filed and duly exchange their respective briefs of argument. The appellants’ brief of argument was prepared by Clems Ezika, Esq. The said brief was filed on the 12th day of October, 2012. The appellants’ counsel in the said appellant’s brief of argument formulated two (2) issues for determination of this appeal. The issues are as follows:-
“(A) What is the effect of non joinder or misjoinder of necessary parties in this suit.
(B) What is the legal effect of suing a non juristic person in this suit.”

The respondent’s brief of argument on the other hand was prepared by Chief G. Oseloka Osuigwe. The said brief was filed on the 24th day of October, 2012. The learned counsel to the respondent in the respondent’s brief formulated three (3) issues for the determination of this appeal. The issues are as follows:

“1. Whether the Christian Outlook is a juristic person.

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2. Whether the appellants established a case of non joinder of necessary parties in this suit.
3. Whether non joinder of necessary parties in this suit is fatal to the respondent’s case.”