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CaseLaw

Esika V. (1997) CLR 2(c) (CA):

Brief

  • Libel and defamation
  • Defences
  • Damages

Facts

The respondent, herein as the plaintiff in the Katsina-Ala Judicial Division of the Benue State High Court sued the appellants as defendants claiming inter alia, damages for defamation and for interference with his business.

Both sets of parties hail from Ifiteani Village in Agulu, Aniocha Local Government Area of Anambra State but they all reside and carry on their businesses in Zaki-Biam in Benue State.

The facts that gave rise to the case are that in January 1993, Izuchukwu Atuegbu a prominent trader in Zaki-Biam, to whom the respondent was an apprentice trader from 1979 to 1983, died of an unknown illness. During the annual conference of the community on Ifiteani day, that is, on 1st April, 1993, allegation about the involvement of the respondent and his parents in the death Izuchukwu Atuegbu came up for deliberation before a body of Ifiteani village meeting in which all the parties were present. At the end of the deliberation respondent and his parents were adjudged to be responsible for the death of the deceased trader.

Thereafter, the respondent returned to Zaki-Biam and two days after his return, the appellants who were the Executives of the branch of the Ifieani village meeting invaded the respondent's shop at Zaki-Biam main market and in the presence of the respondent's apprentice. The appellants locked up the respondent's shop alleging that he killed his former master Izuchukwu Atuegbu. They escorted the respondent to the motor park and hurled him into a car and threatened to kill him if he should been seen again in Zaki-Biam.

Thereafter, they wrote letter to the respondent's elder brother in Taraba State, who upon receiving same went to see the appellants. The respondent's brother was warned not to go to the respondent's shop in his own interest. Consequently, the respondent sued the appellants.

The trial court entered judgment for the respondent. Dissatisfied with that judgment, the appellants appealed to the Court of Appeal contending that the respondent did not establish a case of defamation; that the N25,000.00 damages awarded in his favour was inappropriate and that the trial Judge wrongly evaluated the evidence adduced by the parties.

Issues

  • 1.
    Whether the plaintiff's claim for defamation was established before the...
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