CHRISTIAN ONYENWE & ANOR v. CHIEF GODWIN ANAEJIONU
(2014) LCN/6927(CA)
RATIO
PRACTICE AND PROCEDURE: WHEN JUDGEMENT OF THE LOWER COURT CAN BE UPTURNED BY AN APPELLATE COURT
All the issues or complaints raised against the judgment of the lower Court are not weighty enough to upturn the judgment of the lower Court.
It is not every slip, error or mistake of the lower Court that will lead to reversal of the decision of trial court by an Appellate Court.
See POPOOLA OLUBODE & ORS V. ALAAJI SALAMI (1985) 4 SC (Pt 1) 41 at 48 per Coker JSC who said
“It is my view that the function of an Appeal Court is to determine whether error had been committed by the trial Court. If error has been committed, it must then decide whether such error was of such grave and magnitude to necessitate the reversal of the judgment of the trial Court. It is not every error that would lead to a reversal by an Appeal court. Such error must have substantially affected the result of the decision.”
There is no such error in the judgment Appealed against. Consequently issue one is resolved against the Appellants and in favour of the Respondent. PETER OLABISI IGE, J.C.A.
TORT: FACTORS THAT DETERMINES AWARD OF DAMAGES IN A LIBEL CASE
The settled principle of law in award of damages in libel cases is that it is at the discretion of the Court hearing the matter taking the following factors into consideration viz:
(a) The standing of the Plaintiff in the society
(b) The nature of the libel.
(c) The mode and extent of the publication
(d) The refusal to retract or render an apology to the Plaintiff.
(e) The value of local currency.
See the case of GUARDIAN NEWS PAPERS LTD V. AJEH SUPRA page 594 F-G per RHODES-VIVOUR J.S.C.
The Learned trial Judge took all these factors into consideration before arriving at the award of N1,000,000 Damages in favour of the Respondent. I will not interfere with the award. Per PETER OLABISI IGE, J.C.A.
