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

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

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: