Mr. Donatus Nweze V. Chief Eddie Brown Ayoghu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A (Delivering the Leading Judgment)

This appeal is against the ruling of the Bauchi State High Court (hereinafter referred to as the trial Court) in suit No. BA/214/2005 delivered on the 3rd of May, 2006. By a writ of summons and a statement of claim filed on the 24th of November, 2005, the Respondent (then plaintiff) sued the appellant (as defamed) before the trial Court seeking the following reliefs:

(a) A declaration that the libelous publications sponsored by the defendant (appellant) against the plaintiff (respondent) have seriously defamed him.

(b) An immediate retraction and public apology of all the offensive and libelous publications, published against the appellant by the defendant in 3 National and weekly read News Papers.

(c) N100,000,000.00 (one Hundred Million Naira) only being general and aggravated damages for defamation of character.

(d) Cost and expenses of the action.

The appellant entered conditional appearance to the originating processes and raised a preliminary objection to the claims of the respondent. The trial court took arguments on the preliminary objection and in a considered ruling over-ruled and dismissed it. Dissatisfied with the ruling of the court, the appellant appealed to this court. The Notice of appeal was filed on the 11th of May, 2006 containing two (2) grounds of appeal. The grounds of appeal without their particulars are thus:

GROUND ONE

The learned trial judge erred in law in holding that the preliminary objection of the Defendant borders on technicalities alone which does not do substantial justice to the matter.

GROUND TWO

The learned trial judge erred in law when he held as follows: “With great respect a lot of injustice shall occasion if the courts dogmatically rely on rules of courts AND DECIDED CASES that deny hearing to the parties who are aggrieved. The Fawehinmi case has provided two options either to request for publication or have the case struck out-while the Supreme Court admonished that it is better to wait until a Statement of Defence is filed. I commend both counsel for their effort but I hereby refuse this application and order the Defendant to file his Statement of Defence.”

The appellant filed his Brief of argument on the 22nd of November, 2007, wherein (two) 2 Issues were distilled from the 2 grounds of appeal for the determination of the court which are thus:

(i) Whether the appellant’s preliminary Objection in an action for defamation such as this, which complains about non-disclosure of particulars of “Publication” is an objection that borders on technicalities.

(ii) Whether the trial court rightly interpreted and applied the decision in Fawehinmi V. Akilu (1994) 6 NWLR Pt. 381 P.387 to the ruling delivered on 3rd May, 2006.