โ๏ธ
๐ฆ๐๐๐๐ฎ๐ถ๐ป๐ฒ๐ฑ;
It is trite law that an action for libel cannot be sustained without proof of publication.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
...not pleaded goes to no issue.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
โ๏ธ
...๐ฎ๐ ๐ณ๐ฎ๐ฐ๐๐ ๐ป๐ผ๐ ๐ฝ๐น๐ฒ๐ฎ๐ฑ๐ฒ๐ฑ ๐ด๐ผ๐ฒ๐ ๐๐ผ ๐ป๐ผ ๐ถ๐๐๐๐ฒ;
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...
...against the legal practitioner since it is written on a privileged occasion.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
โ๏ธ
๐๐ฒ๐๐๐ฒ๐ฟ ๐ช๐ฟ๐ถ๐๐๐ฒ๐ป ๐ฏ๐ ๐ฎ ๐ฆ๐ผ๐น๐ถ๐ฐ๐ถ๐๐ผ๐ฟ;
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...
...the writing of the libelous matter.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
โ๏ธ
...๐ป๐ผ๐ ๐ถ๐ป ๐๐ต๐ฒ ๐๐ฟ๐ถ๐๐ถ๐ป๐ด ๐ผ๐ณ ๐๐ต๐ฒ ๐น๐ถ๐ฏ๐ฒ๐น๐ผ๐๐ ๐บ๐ฎ๐๐๐ฒ๐ฟ;
The essential part of the cause of action in libel is publication of the libellous matter complained of not in...
โ๏ธ
๐๐ฒ๐ฎ๐๐ฒ ๐ง๐ผ ๐๐บ๐ฒ๐ป๐ฑ;
A consideration of an application for leave to amend pleadings involves the exercise of discretion by the court.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
...common convenience & welfare of the society.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
โ๏ธ
๐ ๐ฎ๐น๐ถ๐ฐ๐ถ๐ผ๐๐ ๐ฃ๐๐ฏ๐น๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป: ๐๐ฎ๐๐๐ถ๐ป๐ด ๐๐ป๐ท๐๐ฟ๐ ๐๐ผ ๐๐ต๐ฎ๐ฟ๐ฎ๐ฐ๐๐ฒ๐ฟ;
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....
...circumstances of the particular case.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
โ๏ธ
๐๐๐๐;
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 &...
...cannot be compensated by way of cost or otherwise.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
โ๏ธ
๐ ๐ฎ๐น๐ฎ๐ณ๐ถ๐ฑ๐ฒ;
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...
...prevent innocent human lives from being wasted.
๐จ๐ธ๐ฒ๐บ๐ฒ๐๐ฏ๐ผ๐ป๐ด&๐๐ผ.๐๐ต๐ฎ๐บ๐ฏ๐ฒ๐ฟ๐
Uyo-Akwa Ibom-Nigeriaโ๏ธ๐ณ๐ฌ
โ๏ธ
๐๐ฎ๐ ๐๐ป๐ณ๐ผ๐ฟ๐ฐ๐ฒ๐บ๐ฒ๐ป๐ ๐๐ด๐ฒ๐ป๐;
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...