MR. Samuel Onwurah & Ors V. MR. Michael Nwozoekwe Nwumeh & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Anambra High Court, Awka delivered on 22/5/2006 by Hon. Justice P.C. Obiorah wherein His Lordship gave judgment in favour of the Respondents. The facts that led to this appeal are as follows:

?On or about 27/09/2004, the Appellants, then Defendants at the Court below, wrote a letter alleging that the Respondents who were Plaintiffs at the Court below, were making trouble for the Appellants’ families by laying claim to a heritage called Ngwulu-be-Gbuga belonging to the families of the Appellants which the Respondents had no right to since they did not share any ancestral lineage with the Appellants.

The letter stated that the Respondents even instituted an action for the declaration of their right to the Ngwulu-be-Gbuga in the Awka division of the Anambra State High Court. The letter stated further that the Respondents’ ancestor, Nwaonwanegbu was from Omenife family. That Okukwa, Amansea was taken to the Ugorji household of the Appellants’ extended Ejim kindred, Umunnoke, and he later bought his freedom and

was allowed to live among the Appellants’ kindred.

The letter further stated that the Appellants will take action against the Respondents both before a Court of law and with traditional juju unless the Respondents desisted from these claims.

The Respondents who were plaintiffs at the trial Court initiated an action against the Appellants for defamation of character by summons on 21/12/04 at the High Court of Anambra State. During the trial, The Respondents called three witnesses-PW1-PW3, and tendered 7 Exhibits. The Appellants called four witnesses viz- DW1-DW4.

At the close of trial, judgment was given in favour of the Respondents.

Dissatisfied with the judgment of the Court below, the Appellants have initiated this appeal by a Notice of Appeal filed on 30/05/06 and transmitted records on 26/2/08 praying this Court to set aside the judgment of the trial Court. Appellants’ brief was filed on 11/7/08 which deemed filed on 23/9/10. Appellants also filed a Reply brief on 12/11/10. The Respondents’ brief was filed on 28/10/10 which encompassed a notice of Preliminary Objection.

At the hearing of this appeal,

Respondents? counsel submitted that counsel had replied the Preliminary Objection in the Appellants? reply brief and urged this Court to dismiss same. This Court observed that the records were out of time which meant that there was no record before the Court. Appellants? counsel applied orally for extension of time to compile and transmit records to this Court. Respondents? counsel submitted that he had no objection but withdrew the Respondents? preliminary objection on terms of N100,000 costs because the preliminary objection had been raised since 2008 and the Appellants refused to do their part.

This Court observed that since the Court is a Court of equity and justice, it was expedient to avoid further delay by granting the motion for extension of time and granted the Order as prayed deeming the records transmitted on 26/02/08, with N40,000 costs to the Respondents against the Appellants. The Preliminary Objection filed by the Respondent on 28/10/10 was struck out having been withdrawn.

?In the Appellants? brief settled by Ude Ifeanyi Udogu, Esq, two issues were identified for determination as follows:

1. Whether the trial Court was right in considering the issue of express malice and finding it proved where the plaintiffs did not deliver a reply alleging such malice and giving particulars to the facts from which such malice relied upon to support that the statements complained of are statement of fact and therefore true in substance and are fair comment on a matter of public interest.
2. Whether from the totality of the pleadings and the evidence adduced at the trial of the case it is correct to hold as the trial judge did “that the words complained of are defamatory of the plaintiffs in their natural and ordinary meaning”.

In the Respondents’ brief of argument settled by Chukwudi Nwankwor Esq, two issues were also identified for determination in this appeal as follows: