The plaintiff/appellant sued the defendant/respondent for slander claiming the sum of N200,000.00 as damages and an injunction to restrain the defendant/respondent from publishing the said or similar words concerning the plaintiff.
The plaintiff/appellant averred in paragraphs 6 and 9 of his amended statement of claim as follows:-
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6
The plaintiff avers that on the 14th day of August, 1985 the defendant falsely and maliciously spoke and published of and concerning the plaintiff at Shogbamu Street, Apelehin, Bariga, Lagos State to Messrs. Alhaji Mubasiru Ayinde Jinadu, Alhaji Nofiudeen Olorode Lawal and Alhaji Chief Amidu Sogbamu and other bystanders whose names are at present unknown to the plaintiff the words following, that is to say that
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“Alhaji Nurudeen Yesufu attempted to kill me (the defendant) with cutlass and on the 14th August, 1985 in the morning in front of my house at Shogbamu Street, Apelehin, Bariga and that I (the defendant) ran away from the said Alhaji Yesufu to avoid being matcheted to death.
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9
The plaintiff further avers that the defendant stated at the said Pedro Police Station in the presence of a police sergeant with Tag. No PC 419 and other policemen on duty whose members are unknown to the plaintiff that he (the plaintiff) attempted to kill and rob him of his properties on the 14th day of August, 1985 at his (defendant's) residence at No 24 Shogbamu Street, Apelehin, Bariga and that he (the defendant) ran away from the plaintiff to escape being matcheted to death with cutlass and knife.
The defendant/respondent denied the averments in paragraphs 6 and 9 of the amended statement of claim.
Respondent contended that the plaintiff/appellant on his own initiative made frivolous and unsubstantiated allegations against the defendant/respondent both at Pedro Police Station in 1984 and also at Oduduwa Police Command in 1985 to the effect that he (the defendant) was a robber and more.
The learned trial Judge dismissed the plaintiff's claim. Dissatisfied with the judgment, the plaintiff appealed to the Court of Appeal.
