Kola Oshoko V. Anthony Akinrinade (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

Hon. Justice A. A. Akinyemi of High Court of Ogun State delivered a Judgment against the Appellant on the 6th day of June 2007. The Appellant felt aggrieved.

The brief facts are that the Appellant who was (Plaintiff at the lower Court) alleged that the Respondent, who was the Defendant, defamed him via a letter. He therefore claimed damages and a perpetual injunction against the Respondent to prevent him from further publishing such statements about him. His claim was dismissed.

The parties will be referred to simply as Appellant and Respondent in this appeal.

The Appellant’s and the Respondent’s briefs were respectively filed on the 30/06/16 and 30/08/16 while the records of appeal was transmitted on the 10/12/07 and was deemed duly compiled and transmitted on the 18/05/16. An amended Notice of Appeal filed on the 06/05/16 was also deemed duly filed and served on the 18/05/16.

?The Appellant has raised an issue of jurisdiction which must be addressed first. The reason is that jurisdiction is a threshold subject around which the competence of a suit/appeal hinges.

1

Further, without jurisdiction, this Court would be incapacitated to hear and determine this appeal. It is therefore imperative to determine the status of the appeal first. MADUKOLU v. NKEMDILIM (1962) 2 SC.

The Appellant raised two issues as arising for determination thus:

1.Whether the trial Court had the jurisdiction to sit and deliver judgment based on an action commenced by originating processes signed by a non Legal Practitioner, precisely by a law firm, Chief Adetunji Fadayiro SAN & Co. (grounds)

2. Whether considering the evidence before the Court the judge was right in holding that the words “Cohort of land speculators who were disturbing the peace of Agbado area” were not sufficient to lower the Appellant’s esteems in the eyes of right thinking members of society.(ground 1&2)

The Respondent raised and argued a Preliminary Objection in his brief. At the hearing of the appeal, the Preliminary Objection was withdrawn and struck out.

?

The Respondent nomination three issues for determination different from those of the Appellant. They are:

1. Whether this Court will allow the Appellant who commit an illegality to benefit

2