MR. Jimoh Adeniyi Olorunwa V. MR. Stephen Akindun (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the decision of the Ekiti State High Court, Ado-Ekiti Division, delivered on 21st day of March, 2014 in Suit No. HIJ/15/2008 per C.I Akintayo J.

In the statement of claim dated 31st day of October, 2008, the Respondent, as the plaintiff before the Lower Court claimed the following reliefs:-

(1) Ten Million Naira (N10,000,000) being general damages for defamation committed by the Defendant against the Plaintiff herein, that sometimes in year 2007, at the motor garage, Iloro-Ekiti, Ekiti State within the jurisdiction of this Court.

The Defendant alleged that the plaintiff administered abortion pills/drugs on one Mrs. Janet Adeniyi then his wife, and that Plaintiff also committed adultery with the said Mrs. Janet Adeniyi consequent upon which the drugs/pills terminated the pregnancy which the said Mrs. Janet Adeniyi had for defendant herein who was then her husband. These defamatory statements caused Plaintiff embarrassment and loss of integrity and reputation.

?(b) Perpetual injunctive order restraining the defendant, his agents,

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privies, assigns, attorneys etc from further defaming the plaintiff herein. The Defendant filed a statement of defence dated 29th day of August, 2008, wherein in paragraph 4 he denied paragraphs 6, 7 and 8 of the Plaintiff’s statement of claim and averred that he never made any defamatory statement against the Plaintiff at the motor garage, Iloro-Ekiti, Ekiti State or anywhere and defendant is not literate in English language and he could not speak English language or any language except Iloro dialect and therefore put plaintiff to the strictest proof of the said claims. He called on the Lower Court to dismiss same with substantial costs. To further add flesh and substance to his claim the Respondent filed a reply to the statement of defence. Issues now having been duly joined in the pleadings, the matter went to trial on 21st day of February, 2013. At the trial the Respondent Stephen Akindun, gave oral evidence on his own behalf. Some documents were tendered and admitted through him Exhibit A, B, ID1, ID2, C, E. At the end of his evidence-in-chief the Respondent was cross examined. During cross-examination the Respondent stated that he was installed as Chief

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Oduro in his home town, from where he was said to have been defamed long time after the alleged defamation. He stated further that the defamatory words were uttered in Yoruba by the Appellant.

The 3rd and 4th Claimant?s witnesses gave evidence to the effect that they were present, when the Respondent was held by his neck with his clothes by the Appellant, who was calling the Respondent ?Alagbere? ?Asewo? and that he should leave his wife alone and that the incident happened on 30/11/2007. The only defence witness, Jimoh Adeniyi Olorunwa, the Appellant gave evidence on his own behalf. He stated that he had no previous quarrel with the Respondent. At the end of the evidence the Appellant, respective learned counsel took turns to address the Court. After the addresses of counsel the matter was adjourned for judgment. In its judgment, the Lower Court observed, remarked and held thus:-

?The evidence before the Court as established by the plaintiff in this case and even the evidence of the Defendant before the Court, which to my mind is more of an admission, point to only one irresistible conclusion that the Plaintiff

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has proved his claim against the Defendant. The law is clear that facts admitted need no further proof, see Section 20 and 21 of the Evidence Act, MILITARY GOVERNOR OF ONDO STATE v KOLAWOLE (2000) FWLR (PT. 3) page 395. See also the case of OLOGE v NEW AFRICA HOLDINGS LTD (2013) 17 NWLR (PT.1384) AT 449 AT 469 PARAGRAPH D-F”