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