Hon. Justice Aloysius O.h. Ukachukwu V. Chief Hope Uzodinma & Anor (2007)

LawGlobal-Hub Lead Judgment Report

GALADIMA, J.C.A.

Three appeals in this matter were filed and later consolidated by leave of this court on 26/4/2006. In the first appeal, the defendants (hereto as the respondents in the first appeal) appealed on one ground against the ruling of the said Duruoha F. Igwe (J), delivered on 31/5/2000. This was a complaint on the admissibility of exhibit ‘A’ – a petition addressed to the then Military Administrator of Imo State by the appellants.

Appellants in this appeal raised a lone issue for determination thus:

“Whether the learned trial Judge rightly admitted exhibit ‘A’ in view of the fact that it failed to satisfy the formal requirements governing admissibility of documentary evidence under the Evidence Act (hereinafter called “the Act.”)

The second appeal filed by the plaintiff containing three grounds was against part of the judgment of Hon. Justice Florence Duruoha-Igwe sitting at High Court of Mgbidi, Imo State relating to the award of N56, 000.00 as damages to the appellant against the respondents for libel. The judgment was delivered on 26/11/2002.

The appellant raised two issues for determination in his brief of argument as follows:

(a) Whether the learned trial Judge was right that the appellant was not entitled to the award of exemplary damages.

(b) Given the facts of this case whether the learned trial Judge was right in law in awarding the sum of N56, 000.00 as damages to the appellant against the respondent for libel.

On the 24/2/2004, the respondents’ counsel on their behalf filed respondents’ brief of argument and presented two issues for determination as follows:

“3.1 Whether the learned trial Judge was right in holding that the plaintiff/appellant is not entitled to exemplary damages.

3.2 Whether this Honourable Court should interfere with the award of N56, 000.00 (Fifty six thousand Naira) awarded by the trial court as general damages.”

Then the third appeal was the cross-appeal against the said judgment of the lower court delivered on 20/11/2002 in suit No. HOW /15/99. Cross-appellants after obtaining an order of this court for extension of time cross-appealed on 10/11/2004 on three grounds.

They raised three issues in their brief of argument as follows:

“(a) Whether the cross-respondent pleaded publication of exhibit A (the petition) by the cross-appellants to the then Military Administrator of Imo State or any other person.