Musa Omika V. Alhaji Mallam Uba Isah (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUDIRAT M.O. KEKERE-EKUN, JCA (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Benue State, sitting at Makurdi delivered on 31/3/04 awarding the sum of N200, 000.00 as general damages for defamation and assault in favour of the respondent against the appellant. The appellant, who was the defendant at the trial court was dissatisfied with the judgment and filed a notice of appeal dated 7/6/04 containing seven grounds of appeal.

In the appellant’s brief dated 30/9/05, filed on 7/11/05 and deemed filed on 15/11/06 settled by J.S. Okutepa Esq., two issues were formulated for the determination of the appeal thus:

1. Whether the learned trial Judge, Eko, J. was correct to hold upon the evidence before him that the publication of the alleged slanderous words were pleaded and proved as required by law and to proceed to judgment to hold that appellant herein admitted publication of the words and that Exhibit B did not contradict the case of the plaintiff.

Grounds 1, 2,3 and 7.

2. Whether the learned trial Judge, Eko, J. was within jurisdiction to have heard and determined the case of the respondent when the necessary parties were not before him and to proceed in judgment to award an excessive general damages of N200, 000.00 in favour of the respondent and then proceeded to issue a writ of execution against the property of Alhaji Musa M. Omika, the appellant herein. (Grounds 4, 5 and 6).

The respondent, in his brief of argument dated 6/6/07 and filed on 8/6/2010 pursuant to an order of this court granted on 3/6/2010 also distilled two issues from the grounds of appeal as follows:

1. Whether the words complained of were defamatory (slanderous) and same were published to entitle the plaintiff/respondent to judgment. (Grounds 1, 2, 3 and 7).
2. Whether the learned trial Judge had jurisdiction to entertain the suit to its finality. (Grounds 4,5 and 6).

It is pertinent at this stage to make some observations about Grounds 4 and 5 of the notice of appeal. The said grounds with their particulars read thus:

Ground 4.

The learned trial Judge, Eko, J. erred in law when he proceeded with and heard the case of the plaintiff/respondent herein, when he had no jurisdiction to do so and then proceeded in his error to award excessive damages to the plaintiff in the sum of N200, 000.00.

Particulars of Error

(i) Appellant was sued for official job he performed for the Nigerian Police.

(ii) At the time material to this case appellant was a police officer,

(iii) Necessary parties were not before the court, for the court to come to effective decision.

(iv) Personal property/estate of the appellant cannot be put in jeopardy for official job performed.

(v) N200,000.00 awarded to the plaintiff was excessive and in total disregard to general principle of award of general damages.