SYLVANUS MORTUNE VS ALHAJI MUHAMMADU GAMBO
August 2, 2025SAMUEL OGUEBIE & ANOR VS CHUKWUDILE ODUNWOKE & ORS
August 2, 2025Legalpedia Citation: (1979) Legalpedia (SC) 41341
In the Supreme Court of Nigeria
Fri Apr 20, 1979
Suit Number: SC. 133/1976
CORAM
SOWEMIMO JUSTICE, SUPREME COURT
A.B WALI – JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
PARTIES
CHIEF S.O.N. OKAFOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant in this appeal was the plaintiff in the High Court in which he claimed from the respondents, who were the defendants in the action, jointly and severally the sum of fifty thousand naira as general damages for libel. The learned trial Judge refused the application and dismissed the claim. The appeal to the Supreme Court was against the ruling refusing the appellant leave to amend his pleading and also against the judgment dismissing his claim.
HELD
The appeal was dismissed due to lack of merit.
ISSUES
The learned trial Judge erred in law when he said I think that the law is that the libel must be set out verbatim in the statement of claim; it is not enough to set out its substance or effect as “the precise words are material”. As the above requirement of the law is mandatory, and as I am not satisfied that the requirement of the law has been met here, I think that the case should in the circumstances be dismissed.”
The learned trial Judge erred in law in refusing to allow the plaintiff leave to amend his statement of claim on the morning of the judgment but before the judgment was read, even though there was no opposition to the amendment from the defense counsel and even though the plaintiff could amend any time before final judgment.
Whether the learned Judge in the case in hand erred in his finding that the words complained of were not defamatory in their natural and ordinary meaning.
RATIONES DECIDENDI
WHAT AMOUNTS TO DEFAMATION
“It is settled law that the question as to whether the words complained of are in their natural and ordinary meaning defamatory is a question of fact.” Per M. BELLO, JSC.
CASES CITED
Lewis v. Daily Telegraph Ltd. (1964) AC 234 at p. 258
Morris & Anor. v. Sandless Universal Products (1954) 1 All ELR 47
Beswick v. Smith (1907) 24 TLR 169
STATUTES REFERRED TO
