CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
UTHMAN MOHAMMED, JSC JUSTICE, SUPREME COURT (Read the Leading Judgment)
PARTIES
1. BASSEY EDEM2. PAMOL NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents filed an action against the appellant for libellous publication.
HELD
The court held that a company can maintain an action for libel without proof of actual Pecuniary loss, as long as it proves damage to its business reputation and goodwill and that two persons may sue jointly in respect of the same libellous publication.
ISSUES
1. Whether the claim of the 1st Plaintiff was sustainable in the light of the evidence adduced at the trial.
2. Whether the joint claim of the Respondent which culpability (or damages) is dependent on the two proofs of different and totally distinct injury, could be sustained in the circumstances
RATIONES DECIDENDI
LIBEL – WHETHER PROOF OF ACTUAL DAMAGE NECESSARY
If a plaintiff proves that a libel has been published of him without legal justification, his cause of action in tort is established and he needs not prove that he has suffered any resulting actual damage or injury to his reputation for such damage is presumed by the law- Ogundare J.S.C
JOINT ACTION IN RESPECT OF THE SAME LIBELOUS PUBLICATION
Where several persons are jointly injured by a libel or slander, they may all join as co-plaintiffs in one action
PROOF OF LIBEL BY COMPANY
It is settled law that a limited liability company such as the 1st plaintiff cannot be injured in its feelings as it has no feelings; it can only be injured in its pocket. Per M.E.. Ogundare J.S.C
HOW A COMPANY CAN PROVE LIBEL
It is not necessary for the corporation in order to succeed to prove that special or general damages occurred once it can show that its reputation or goodwill is injured by the libel – Ogundare J.S.C.
CASES CITED
Duyile V. Ogunbayo and Sons Ltd. (1988) 1 NWLR 601 at 611
Cross River State Newspaper Corporation V. J.L. Oni and 6 Others (1995) 1 NWLR 270 at 291
Oshoboja V. Dada (1987) 3 NWLR (Pt. 66) 565 at 572 and Fadayomi V. Shadipe (1985) 2 NWLR (Pt. 25) 736 at 745
Chinweze V. Masi (1989) 1 NWLR (Pt. 97) 254 at 267
STATUTES REFERRED TO
NONE