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CaseLaw

Sonibare V. Soleye (2009) CLR 4(b)(SC)

Judgement delivered on April 3rd 2009

Brief

  • Award of damages
  • Assessment of damages

Facts

The Appellant, as Plaintiff instituted an action against the Respondent claiming the sum of Seventeen Thousand, Five Hundred Naira being professional fees for services rendered to the Respondent as a legal practitioner. The Respondent in reaction filed a statement of defence and counterclaim which reads thus:

  • i
    N7 Million (Seven Million Naira) general damages for inducing and procuring the termination of the Defendant's employment by the United Bank for Africa Plc.
  • ii
    N3 Million (Three Million Naira) general damages for libel contained in a letter dated the 13th of March, 1996 written and published by the Defendant.
  • iii
    An injunction restraining the Defendant himself or otherwise from further publishing he said (sic) or am similar libel of and concerning the Plaintiff."

The trial Judge Arasi J., on 26/7/99 in his judgment dismissed both the Appellant's claim and the Respondent's counterclaim. The Respondent was dissatisfied with the judgment of the trial Court dismissing his counter-claim. He brought an appeal against it before the Court of Appeal sitting at Ibadan (hereinafter called the 'Court below'). In its judgment on 16-04-03, the Court below allowed the appeal and awarded to the Respondent the sum of three million Naira (N3 million) as damages. Dissatisfied with the judgment of the Court below, the Appellant has brought this final appeal before this Court.

Issues

  • 1
    Was the Court of Appeal correct in holding that the Exhibit D4 was written...

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