Sylvernus Iroegbu & Ors V. Chief Aloysius Okeke & Anor (2016)
LawGlobal-Hub Lead Judgment Report
PETER OLABISI IGE, J.C.A.
This is an appeal against the judgment of the High Court of Imo State of Nigeria delivered by Hon. Justice IJEOMA AGUGUA at OKIGWE Division on 7th day of May, 2009.
The Respondents as Plaintiffs had by their writ of summons issued out of t said court on 26th day of March, 2008 claimed against the Appellants as Defendants the following reliefs:
A. Two Millioln Naira (N2,000,000) for defamation of Plaintiffs Character.
B. Perpetual Injunction restraining the Defendants from further defamation of Plaintiffs Character.
Pleadings were exchanged and the action proceeded to trial after which the Learned trial Judge gave considered judgment in favour of the Respondents to this appeal. The Learned trial Judge held among others as follows:
However plaintiff said his father was a warrant chief in 1918 and he was contesting the chieftaincy stool. Defendants did not deny that the chieftaincy stood was being contest4ed. As a matter of fact evidence is that the position has been filled while this case was pending. This strengthens plaintiffs case. It is clear to me that he will not clear his name until the chieftaincy issue is over. That is the only reasonable conclusion I have surmised in this entire saga.
Plaintiff has therefore proved damage. Note that no case of defamation was made against 3rd defendant. He is accordingly not liable to the claims of plaintiffs. 2nd defendant by his utterance it would seem had without other proof agreed with 1St defendant that plaintiff did harm his relation.
Accordingly I make the following orders:-
The 1st and 2nd defendants are to pay to the plaintiffs jointly the sum of N2 Million Naira for the defamation of the plaintiffs character.
1st and 2nd defendants are perpetually restrained from further defamation of the character of the plaintiffs.
1st defendant will play to plaintiffs N10,000 (Ten thousand naira) only being cost for this action.
The Appellants were aggrieved by the decision of the Learned trial Court and have appealed to this Court by their NOTICE OF APPEAL dated 3rd day of June 2009 and filed on 8th day of June, 2009 containing eight grounds of appeal which without their particulars are as follows:
3 GROUNDS OF APPEAL
Leave a Reply