Pastor Bode Ajayi V. Prince Sunday Akinwumi Fayan (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ondo State in Suit No. AK/134/2010 delivered on 26th March, 2012 by Honourable Justice D. I. Kolawole of the Akure Judicial division (hereinafter referred to as the lower court).

SUMMARY OF FACTS

In an amended statement of claim filed on 27th of June, 2011, the Respondent as the Plaintiff claimed as follows:-

“WHEREOF the Plaintiff claims against the Defendants the sum of N250, 000,000 (two hundred and fifty million Naira) as general and special damages for libel.” (See page 15 Record of Appeal).

In an Amended Statement of Defence dated 20th day of October, 2011 and filed on 21st day October, 2011, the Defendant while admitting paragraph 6 of the Amended Statement of Claim, denied others and while putting the Plaintiff/Respondent to the strict proof of all those denied averments pronounced the claim in the action to be frivolous, scandalous, vexatious, gold-digging.

Parties exchanged pleadings and the case proceeded to trial. The Plaintiff testified through five witnesses while the defence called four witnesses.

Altogether, five exhibits were tendered and marked ‘A’, ‘B’, ‘C’, ‘D’ and E’. At the conclusion of hearing and after the filing and exchange of addresses of learned counsel of either side, the learned trial Judge, in a considered judgment delivered on 26th, March 2012, the lower court observed and decided thus:-

“Having considered the above scenario, I believe a sum of two hundred thousand Naira (N200,000.00) is sufficient to assuage the feeling of the plaintiff. I therefore award the sum of two hundred thousand Naira (N200,000.00) to the Plaintiff and against the 1st Defendant as general damages for the publication of Exhibit B to PW4 and some others which is defamatory of the plaintiff. I assess cost as ten thousand Naira (N10,000.00) and this shall be paid to the Plaintiff by the Defendants.”

Being dissatisfied with the decision, the Appellants here appealed to this court vide a Notice of Appeal dated and filed the 28th day of March 2012, containing 8 Grounds of Appeal.

In similar vein, the Respondent being dissatisfied with the quantum of the Judgment award as being manifestly small, cross-appealed vide a Notice of Appeal dated 21st day of June, 2012 and filed 25th day of June, 2012, containing a sole Ground of Appeal.

The Appellants/Cross-Respondents in compliance with the rules of this court filed their respective Briefs of Argument dated land filed 27th day of September, 2012. The Appellant’s Brief of Argument was settled by TEMITOPE ADEDIPE ESQ. and adopted by BABATOPE FAJIRE. The Respondent also filed their Brief of Argument dated 14th day of October, 2013 and filed on 17th day of October, 2013 in addition to their Cross-Appellant’s Brief of Argument on same date. Both their Respondent’s brief and their Cross-Appellant’s brief were settled by NIRAN DISU ESQ, and adopted by same.

The Appellant’s brief formulated and argued 5 Issues devoid of their particulars for the determination of this appeal, they are:-

“(A) whether there is credible evidence of publication by the Appellant.