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LAMBERT SUNDAY IWUEKE V. IMO BROADCASTING CORPORATION

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LAMBERT SUNDAY IWUEKE V. IMO BROADCASTING CORPORATION

Legalpedia Citation: (2005) Legalpedia (SC) 13119

In the Supreme Court of Nigeria

Fri Oct 7, 2005

Suit Number: SC.89/2001

CORAM


UMARU ATU KALGO JUSTICE,SUPREME COURT

AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT


PARTIES


LAMBERT SUNDAY IWUEKE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The trial judge granted the appellant damages in an action for libel in default of pleadings.


HELD


The court held that the decision of the trial judge was in error and affirmed the decision of the court of appeal setting it aside. ?


ISSUES


Whether the Court of Appeal was right in holding that the judgment of the learned trial judge was final, having finally disposed of the rights of the appellant and respondent? If the answer is in the negative, whether ground 2 of the grounds of Appeal on which the Court Of Appeal based its judgment was one of law alone. Whether the Court of Appeal was right in holding that the learned trial judge was in error when he entered final judgment for the respondent in respect of the claim for damages for libel without receiving evidence on that claim?


RATIONES DECIDENDI


CASES CITED


1) Bozson vs. Altrincham U.D.C. (1903) 1 K.B 547 2) Salaman vs. Warner (1891) 1 QB 7343) Omonuwa vs. Oshodin (1985) 2 NWLR (pt.10) 924 at 937; 4) Ebokam vs. Ekwenibe & Sons Trading Co. Ltd (1999) 10 NWLR (pt. 623) 242 at 251;


STATUTES REFERRED TO


NONE


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