Julius Nduka V. Edwin Ogbonna (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment)

At the High Court of Anambra State sitting at Ekwulobia (“the lower court” for short), the respondent herein as plaintiff thereat, instituted an action/suit against the defendant, the present appellant, claiming the following reliefs as per Paragraph 33 of his Statement of Claims:-

“33. Wherefore the Plaintiff claim (sic) against the defendant as follows:

A. The sum of N4, 800,000.00 being Special and general Damages for Defamation and malicious prosecution which is broken down as follows:-

(i) Special Damages for loss of profit N2, 920,000.00; Loss of Job N1, 920,000.00;

(ii) General Damages for malicious prosecution … N140, 000.00.

Briefly put, the facts of which gave rise to this appeal are as below:-

The defendant/appellant alleged that on 1st April 1999, the respondent as plaintiff had publicly accused him of having forged a document and also caused him to be arrested and detained by the police. The alleged accusations were uttered at Nbara Ngele Square to the hearing of many named and unnamed people. The police investigated the allegation and sent the matter to court but in the year 2005 after the review of the case by the Hon Attorney-General of Anambra State nolle prosequi was entered, hence the plaintiff/respondent was discharged. The plaintiff thereupon in the year 2007 brought an action (which led to this appeal) before the lower court against the defendant now appellant on defamation by slander for being accused of forgery and for causing him to be maliciously prosecuted by the police.

In the course of the proceedings before the lower court, the defendant (appellant herein) on 14/11/2007 filed a motion on notice praying the lower court to strike out the suit and dismiss the plaintiffs claim for being statute barred. The motion was argued by both parties’ counsel at the lower court on 23/1/2008 and the lower court after hearing the parties there and then delivered a bench ruling refusing the application for striking out of the suit and fixed date for the hearing of the substantive suit.

Aggrieved by the ruling of the lower court dated 23/1/2008, the defendant/appellant lodged this appeal in this court. To that effect, his Notice of Appeal dated 1/2/2008 was filed on 15/2/2009 which late filing was caused by the then impending strike action by the Judicial Staff Union of Nigeria in Anambra State which is judicially noticed and which was called off on 14/2/2008. The Notice of Appeal merely contained one Ground of Appeal.

In this court, briefs were filed and exchanged by the parties with the appellant filing his brief of argument on 17th of June 200S dated 13/6/2008.

Therein, only one issue was proposed by the appellant for the determination of this appeal, which is simply thus:-

“Whether the claim for defamation (slander) was statute barred.”

Upon being served with the appellant’s brief of argument, the learned counsel for the respondent also prepared a brief of argument on behalf of the respondent dated 31st July 2008 and filed same on 18th August 2008. In such brief the respondent’s counsel adopted the sale issue for determination as identified by the appellant in his brief of argument.