Sir Emeka Offor V. Leaders & Company Limited & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J.C.A.

The applicant was the plaintiff at the High Court of the Federal Capital Territory, Abuja where he claimed against the respondents as defendants in an action founded on libel for the sum of One Billion Naira as damages. The action at the trial court was undefended though hearing notices were served on the appellants. Upon conclusion of the case, the learned trial Judge – Kuti J., entered judgment in favour of the applicant in the said sum of One Billion Naira claimed against the respondents as damages.

After judgment was delivered by the trial court, the respondents filed a motion in that court to set aside that judgment which motion was refused. Dissatisfied with the judgment, the appellants filed a notice of appeal to this court on 5/4/02.

The applicant filed a motion on Notice on 27/4/05 asking for the appeal to be dismissed.

The Motion on Notice was predicated on the following grounds:

“(a) That the subject matter of this appeal was the libelous publication by the appellants/respondents of the respondent/applicant in “This day” newspaper.

(b) That judgment in this case was delivered by the lower court on 7th day of March, 2002 in favour of the respondent /applicant.

(e) That consequent to this the appellants /respondents made a proposal for settlement of the said matter out of court.

(d) That the respondent /applicant counsel, accepted the said proposal wherein a terms of settlement to that effect was (sic) drawn up.

(e) That the understanding of the parties to this suit at the lower court was that the terms of settlement discharges (sic) the defendants from any liability with respect to the judgment of Justice Kuti of Abuja High Court.

(f) That rather than pay the judgment sum of One Billion Naira, the parties agreed that a paltry sum of Two Hundred Thousand Naira will be paid by the appellants /respondents to the respondent/applicant at the lower court as a full and final settlement of judgment debt.

(g) That by letters exchanged by both counsel to the parties, the understanding was that the terms of settlement disposes (sic) of the appeal now pending in this court.

(h) That the notice of appeal had already been filed before the move for settlement was made by the appellants.

(i) That the parties are bound by the terms of this settlement /agreement reached and filed before the court.