MR. Akinwunmi Giwa V. Hon. Ola Jones Jejelola (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal and a cross -appeal against the judgment of B.A. Adejumo, J. of the High Court of Justice, Ondo sitting at Ondo delivered on 9/1/2003.

The Respondent as plaintiff issued a writ of summons accompanied by a statement of claim dated 6/12/1999.

By paragraph 48 of the Respondent’s Statement of Claim, he claimed against the defendant/appellant as follows:

(a) A declaration that the letter written by the defendant as above pleaded referred to the plaintiff and is defamatory of him.

(b) An order for Aggravated Damages in the sum of N10, 000.000.00 (Ten Million Naira Only) subject to court fees.

(c) An order of perpetual injunction restraining the defendant, his agents, and/or servant from writing and or publishing any further defamatory matter whatsoever and howsoever of and concerning the plaintiff.

Pleadings were filed and exchanged. The Respondent gave evidence and called six (6) other witnesses to testify in his favour. The Appellant did not witness but called six (6) witnesses who gave evidence in support of his case.

The case is an action for libel, contained in a letter, Exhibit D published of and concerning the Respondent. The appellant, a Legal Practitioner, wrote Exhibit D alleging that the respondent, a retired Chief Magistrate, on contract demanded and received a bribe of N3,000 in the course of his official duty.

The Appellant admitted both the authorship and publication of Exhibit D but denied that the allegation therein contained was defamatory. He pleaded the defence of justification, absolute privilege, qualified privilege and fair comment.

The respondent was queried by the Hon. Chief Judge of Ondo State on the bribery allegation and the respondent replied to the query with a denial of the allegation. Both query and reply were never before the trial court.

The learned trial judge upon the totality of the evidence before him, held that the respondent had been libeled by the appellant.

He refused the claim of aggravated damages but awarded nominal damages of N100,00.00. He also made a restraining order of perpetual injunction.

Dissatisfied with this judgment, the Appellant filed a Notice of Appeal (containing 10 (ten) grounds of appeal before this court on 21/1/2008.