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David-West vs. Oduwole

PROFESSOR TAM DAVID-WEST

V

MR. BIODUN ODUWOLE

MR. AKIN ONIPEDE

MR. AMOS OGUNFOWOKAN

THE AFRICAN NEWSPAPERS OF NIGERIA PLC.

COURT OF APPEAL

( IBADAN DIVISION )

MURITALA A. OKUNOLA, JCA ( Presided and Read the Lead Judgment )

FRANCIS FEDODE TABAI, JCA

OLUFUNLOLA OYELOLA ADEKEYE, JCA

CA/I/236/2001

THURSDAY, 3RD APRIL, 2003

APPEAL - Appellate court - Damages awarded at first instance - Whether empowered to review - reconditions thereto

APPEAL - Ground of appeal - Where no issue is predicated thereon - Effect COURT - Academic exercises - Whether court’s jurisdiction extends thereto

COURT - Academic exercises - Whether seised with jurisdiction to engage therein

COURT - Appellate court - Damages awarded at first instance - Whether empowered to review - Preconditions thereto

DAMAGES - Appellate court - Damages awarded at first instance - Whether empowered to review - Preconditions thereto


DAMAGES - Claim for in libel cases - Whether proof of actual damage required to succeed

DAMAGES - General damages - Award thereof in libel cases - Principles guiding

DEFAMATION - Libel cases - Principles guiding award of damages therein

DEFAMATION - Libel - Claim therefor - Whether proof of actual damage required to succeed

JURISDICTION - Academic exercises - Whether court’s jurisdiction extends thereto

Issue:

Whether the quantum of damages awarded in this case was fair and adequate.

Facts:

This appeal was brought against the judgment of the High Court of Oyo State holden at Ibadan. Plaintiff/appellant commenced proceedings against the defendants claiming damages for libel contained in the Nigerian Tribune of Monday 2nd September, 1996. The pleadings were amended by both parties and plaintiff called four witnesses (including himself) in proof of his case. Defendants on the other hand elected not to give evidence in rebuttal and after counsel’s addresses, judgment was entered on the 1st of July, 1999.

In the judgment, the learned trial Judge held that only one allegation made by the defendants against the plaintiff was libelous and awarded N10,000.00 to the plaintiff as damages for the libel proved.

Being dissatisfied with the quantum of damages, the plaintiff brought this appeal.