Ozo Dr. Aneze Chinwuba & Ors V. Chief Benjamin Chinweze Morah (2016)

LawGlobal-Hub Lead Judgment Report

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.

This is an appeal against the decision of the Anambra State High Court sitting at Awka (hereinafter referred to as the Lower Court), delivered by Hon. Justice H. O. Ozoh, J., on the 28th day of January, 2014. The suit which gave rise to the instant appeal, was initiated by the plaintiff/respondent vide the writ of summons and statement of claim filed on the 17th day of May, 2010, wherein he claimed against the defendants/appellants for the following reliefs:
(a) The sum of N100 Million being general, exemplary and punitive damages for the libel.
(b) An apology published in a very conspicuous portion of either of Vanguard, The Nation or Punch Newspaper.

The dispute that arose between the parties was anchored on an alleged defamatory letter which the plaintiff/respondent claimed was authored by the defendants/appellants wherein the plaintiff/respondent alleged that he was defamed. The defence of the defendants/appellants was based on the fact that, 1st defendant/appellant who purportedly signed the said letter/publication did not do so on behalf of the defendants

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institution (Ozo Awka Society), but rather the said 1st defendant/appellant signed the said letter/publication (Exhibit 1) on behalf of a separate and distinct organization which they called Stake-Holders For Peace Security And Good Rulership In Awka Town. The parties duly filed their pleadings, the necessary processes and documents which they sought to rely on, and the matter swiftly proceeded to hearing. The plaintiff/respondent called a single witness in addition to himself, and tendered several documents as exhibits in his bid to prove his case. The defendants/appellants in similar vein, called a single witness in addition to the 1st defendant/appellant, and tendered two (2) documents as exhibits in their defence. The case was duly heard by the learned trial Court. At the end of hearing, the learned counsel to both parties extensively addressed the Court in support of the case and the defence of their respective parties. At the end of it all, the learned trial judge after the giving due consideration of all the pieces of evidence before him, entered judgment partly in favour of the plaintiff/appellant in the following terms:
I have

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earlier held that Exhibit 1 was not authored by Ozo Awka Society. Exhibit 1 was authored by the First Defendant who signed same. He is liable as an individual. The 2nd to 4th Defendants are not liable at all. The defendants cannot be held jointly and liable for the act of the 1st Defendant who acted on his own without the authorization of Ozo Awka Society. (sic)
In sum, the case of the plaintiff succeeds in part and I therefore make the following orders:-
(1) I award the sum of 200,000 (Two hundred thousand Naira) against the 1st Defendant being general, exemplary and punitive damages for the libel.
(2) 1st Defendant shall publish an apology in a very conspicuous portion of the Vanguard Newspaper.
(3) I make no order as to costs.

The defendants/appellants were not satisfied with the said judgment, thus they appealed against the same vide a second notice of appeal filed on the 24th day of April, 2014, wherein the defendants/appellants complained against the said judgement upon six (6) grounds of appeal. They anchored their arguments in this appeal on the said notice of appeal.

The plaintiff/respondent on his own part was not completely satisfied with the said

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judgment and thus cross-appealed against the same vide a notice of cross-appeal filed on the 3rd day of April, 2014. The plaintiff/respondent/cross-appellants complaints against the said judgment were based on three (3) grounds of appeal.
In view of the nature of the case and its peculiar circumstance, the main appeal would be considered first in this judgment.

In accordance with the Rules of this Court, the parties filed and duly exchanged their respective briefs of argument. Henceforth in this judgment, the plaintiff/respondent/cross-appellant would be referred to as the respondent, while the defendants/appellants/cross-respondents would be referred to as the appellants.

The appellants brief of argument was prepared by Emeka Nwankwo, Esq. The said brief of argument was filed on the 23rd day of April, 2015. The respondents brief of argument on the other hand was prepared by Alexander Ifeanyi C. Agbogu, Esq., and filed on the 8th day May, 2015. In reply to the respondents brief of argument, the appellants filed an appellants reply brief on the 7th day of July, 2015.

The learned counsel to the appellants