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CaseLaw

Ezeugwa V. Adimorah (1993) CLR 2 (E) (CA)

Brief

  • Cause of action in libel,
  • - What constitutes libel,
  • What determines venue for institution of action for libel

Facts

An alleged armed robbery case was before the Magistrates Court, Aguata and it had suffered various adjournments.

Appellants wrote a petition to the AG Anambra State, the Director of Public Prosecutions and the Chief Magistrate stating several allegations against the respondent who was at all times material to this action the Chairman of the Anambra State Armed Robbery and Firearms Tribunal, Onitsha Zone.

Respondent based on the petition, sued the appellants claiming N5 million damages for libel.

Appellants argued that the case should be heard in the judicial division where they (appellants) reside and not where the publication took place.

The Judge ruled that the cause of action arose where the publication took place, therefore the place of publication was the proper venue.

This is what led to the instant appeal.

Issues

  • Whether in a libel action the venue is where the defendant lives or where...
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