CaseLaw
Nya Edim Ekong Vs. Asuquo E. Otop & Ors (2014) CLR 6(g) (SC)
Judgement delivered on June 6th 2014
Brief
Facts
This is an appeal against the judgment of the Court of Appeal, Calabar Division delivered on 5th of December, 2005. In the said judgment, the lower court, in a unanimous decision allowed the respondent's (as appellants) appeal against the judgment of the High Court of Cross River State, and dismissed the appellant's cross appeal. I shall briefly state the facts which gave rise to this appeal.
The appellant as plaintiff sued the defendants (now respondents) over a petition written by the 1st to 5th defendants in which he claimed that they falsely and maliciously published defamatory material concerning him. The alleged offensive publication was contained in a letter titled "Protest by the Big Qua, the Idundu and the Ediba Clans relating to claims to Ediba Swamp and Marsh Lands" addressed to HRH Ndidem U. Iso, the Ndidem of the Quas. The said petition was admitted in evidence as exhibit D.
The petition was sparked off by a fracas on the 21st day of October, 1996 at the Ediba swamp and marshlands between the indigenes of Akim clan on the one hand and those of the protesting clans. In the said petition, the 1st to 5th defendants as chiefs of Big Qua, Idundu and Ediba narrated the events of 21st October, 1995 and called on the Ndidem "as our leader - to whom matters of this nature are appropriately referable for detached and just resolution." The appellant was mentioned as the leader of the agents of Akim clan in said fracas which resulted in the matchet cuts inflicted on some of the indigenes of the petitioners.
Neither the Ndidem nor Akim clan (of which the Ndidem was Clan Head) addressed the issues raised in the petition. Rather their solicitors wrote exhibit E affirming the ownership of the swamplands by Akim clan and to which the 6th defendant replied as secretary to the Qua Clans Constituted Assembly in exhibit F.
Meanwhile, the Qua Clans Constituted Assembly proceeded to set up an arbitration panel to look into the complaint of the three clans against Akim and came up with its findings as contained in exhibit H. It was against this background that the appellant sued the respondents at the trial court claiming that he was libelled in exhibits D, F and H.
Initially the appellant sued nine defendants at the High Court of Cross River State for the following reliefs:-
Some of the original nine defendants have since died and their names were consequently struck out. Thus the 3rd, 4th, 6th, 7th, 8th and 9th defendants at the High Court became 1st, 2nd, 3rd, 4th, 5th and 6th respondents respectively.
However, at the hearing of this appeal on 25/3/14, the 4th, 5th and 6th respondents were reported dead. Their names are accordingly struck out. We now have the 1st, 2nd and 3rd respondents only to defend this appeal.
In their statement of defence, the respondents denied liability and raised inter alia the defences of qualified privilege and fair comment.
At the close of the case, the trial court entered judgment against the appellants and awarded N10, 000,000.00 against them as general damages. The defendants' appeal against the judgment of the trial court was upheld by the Court of Appeal. The lower court also dismissed the appellant's cross appeal.
Dissatisfied with the judgment of the lower court, the appellant, with the leave of this court filed notice of appeal on 2nd March, 2006.