AWA OKORIE UCHENDU & ORS VS CHIEF EYO OGBONI & ORS

CORAM

MICHAEL EKUNDAYO OGUNDARE,JUSTICE, SUPREME COURT

A.B. WALI,JUSTICE, SUPREME COURT

I.L. KUTIGI,JUSTICE, SUPREME COURT

A.I. IGUH,JUSTICE, SUPREME COURT

E.O. AYOOLA JUSTICE, SUPREME COURT

PARTIES

1. AWA OKORIE UCHENDU2. MP. NIONG NGBA3. ELDER AWA NKPA (For themselves and as representing the people of Abia in Ohafa Division of Abia State – formerly part of East Central State)4. ELDER NNANA OBASI5. OBASI OKOKO (For themselves and as representing the people of Achara Ihie in Arochukwu Division of Abia State) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant alleged that the respondent had published a libelous publication against him.

HELD

The Court held that once what has been published is true no libel can be sustained on it. ?

ISSUES

(i) Whether the learned justices of the Court of Appeal were right in holding that the defence of justification was available to the respondents when that defence was neither pleaded, canvassed at the trial nor an issue before the Court of Appeal.(ii) Whether upon the evidence the defence of justification had, in fact, been established, even if pleaded.(iii) Whether the learned justices of the Court of Appeal were right in holding that the publication of the words complained of to the appellants guests, Gabriel Effiong Edet (pw 5) and Chief E. A. Udoh was not made by the 1st respondent and was slander not libel.(iv) Whether the learned justices of the Court of Appeal applied the correct principles of law in assessing the damages having regard to the circumstances of this case.”?