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𝗦𝘂𝘀𝘁𝗮𝗶𝗻𝗲𝗱;
It is trite law that an action for libel cannot be sustained without proof of publication.
𝗨𝗸𝗲𝗺𝗲𝗘𝗯𝗼𝗻𝗴&𝗖𝗼.𝗖𝗵𝗮𝗺𝗯𝗲𝗿𝘀
Uyo-Akwa Ibom-Nigeria⚖️🇳🇬
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...𝗮𝘀 𝗳𝗮𝗰𝘁𝘀 𝗻𝗼𝘁 𝗽𝗹𝗲𝗮𝗱𝗲𝗱 𝗴𝗼𝗲𝘀 𝘁𝗼 𝗻𝗼 𝗶𝘀𝘀𝘂𝗲;
It is trite law that parties & the court are bound by the pleadings of the parties and the court cannot base its judgement on a matter or fact not pleaded - as facts...
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𝗟𝗲𝘁𝘁𝗲𝗿 𝗪𝗿𝗶𝘁𝘁𝗲𝗻 𝗯𝘆 𝗮 𝗦𝗼𝗹𝗶𝗰𝗶𝘁𝗼𝗿;
There is no doubt that an exhibit which happens to be a letter written by a solicitor in the course of his duties to his client cannot be said to be defamatory. The law is that such a letter cannot be defamatory...
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...𝗻𝗼𝘁 𝗶𝗻 𝘁𝗵𝗲 𝘄𝗿𝗶𝘁𝗶𝗻𝗴 𝗼𝗳 𝘁𝗵𝗲 𝗹𝗶𝗯𝗲𝗹𝗼𝘂𝘀 𝗺𝗮𝘁𝘁𝗲𝗿;
The essential part of the cause of action in libel is publication of the libellous matter complained of not in...
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𝗟𝗲𝗮𝘃𝗲 𝗧𝗼 𝗔𝗺𝗲𝗻𝗱;
A consideration of an application for leave to amend pleadings involves the exercise of discretion by the court.
𝗨𝗸𝗲𝗺𝗲𝗘𝗯𝗼𝗻𝗴&𝗖𝗼.𝗖𝗵𝗮𝗺𝗯𝗲𝗿𝘀
Uyo-Akwa Ibom-Nigeria⚖️🇳🇬
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𝗠𝗮𝗹𝗶𝗰𝗶𝗼𝘂𝘀 𝗣𝘂𝗯𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻: 𝗖𝗮𝘂𝘀𝗶𝗻𝗴 𝗜𝗻𝗷𝘂𝗿𝘆 𝘁𝗼 𝗖𝗵𝗮𝗿𝗮𝗰𝘁𝗲𝗿;
In general, an action lies for the malicious publication (of statements which are false in fact) & causes injury to the character of another & the law considers such publication...
...the law draws from unauthorized communications, & thereby affords qualified defence - depending on the absence of actual malice - when fairly warranted by reasonable occasion or exigency & made honestly. Such communications are protected for the....
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𝗝𝘂𝘀𝘁;
It is the law that in exercising discretion, the court must not only act judicially, but also judiciously. That discretion is therefore, to be exercised so as to do what is just & fair having regards to the facts &...
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𝗠𝗮𝗹𝗮𝗳𝗶𝗱𝗲;
Generally speaking, the law is that amendment to pleadings for the purpose of determining the real issues in controversy between the parties ought to be allowed at any stage of the proceedings including on appeal, unless such amendment will result...
...in injustice or surprise or embarrassment to the other party or the applicant is acting malafide or by his blunder the applicant has done some injury to the respondent which...
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𝗟𝗮𝘄 𝗘𝗻𝗳𝗼𝗿𝗰𝗲𝗺𝗲𝗻𝘁 𝗔𝗴𝗲𝗻𝘁;
A law enforcement agent who is supposed to bring sanity & order on the road, rather brings out his gun & fires it just because a driver obstructs his right of passage (that is even if there was an obstruction as the evidence in...
...court may reveal that there was not). In fact, the mere fact that he deemed it necessary to bring out a gun from wherever he had kept it is enough act of recklessness. Even if no shot was fired. I believe such rash acts must be stopped to...