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CaseLaw

Oduwole V. Prof Tam David West (2010) CLR 5(d) (SC)

Judgement delivered on May 14th 2010

Brief

  • Libel and damages
  • Defamation
  • Relief not sought
  • Mistake in judgement
  • Pleadings
  • Award of damages
  • Wrongful malice

Facts

This is an appeal against the decision of the Court of Appeal, Ibadan Division (hereafter referred to as 'the Court below') dated 3rd April, 2003, which upturned the decision of R. G. Oyetunde, J., of the High Court of Oyo State holden at Ibadan on 1st July, 1999.

The Respondent, as Plaintiff at the trial Court, claimed the sum of N250 million as damages from the Defendants jointly and severally for libel contained in Nigerian Tribune of Monday, the 2nd day of September. 1996, in its editorial features column titled 'Enough of David West'.

Pleadings were filed and exchanged by the parties. After subsequent amendments of the pleadings by both sides of the divide, the Plaintiff testified and called three other witnesses to buttress his case. The Defendants rested their case on that of the Plaintiff. Thereafter, the learned trial Judge was addressed by learned Counsel to the parties. In a reserved judgment handed out on the 1st July, 1999 it was found that the Plaintiff' only proved allegation that he was sacked from the office of Minister of Petroleum which was false as he was deployed to Ministry of Mines and Power. The learned trial Judge then awarded the sum of N10,000.00 only as damages to the Plaintiff.

The Plaintiff felt unhappy with the sum awarded as damages by the trial Court and appealed to the Court below. The appeal was upheld on the quantum of damages. The award of Nl0,000.00 made by the trial Court was set aside The same was substituted with an award of N300,000.00 only.

The Defendants were dissatisfied with the stance posed by the learned Justices of the Court below and have appealed to this Court.

Issues

  • 1
    Whether the learned Justices of the Court of Appeal were right in interfering with the ...
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