A. I. EGBUNIKE & ANOR VS AFRICAN CONTINENTAL BANK LTD
July 4, 2025CHIEF OYELAKIN BALOGUN VS MOSES OLAYIOYE ADEDOSU ADEJOBI & ANOR
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 11135
In the Supreme Court of Nigeria
Fri Jan 20, 1995
Suit Number: S.C 26/1992
CORAM
MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, JUSTICE SUPREME COURT
PARTIES
CROSS RIVER NEWSPAPERS CORPORATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Plaintiff, who are now the respondents, caused a writ of summons to be issued against the appellant, who therein was the defendant claiming The sum of seven million naira as damages for libel contained in the issue of the Nigerian Chronicle of the seventh day of August, 1986 on the rear cover under the title Tribune May be Shut by Awo and an injunction restraining the defendant from further writing, printing or causing to be written, printed or circulated or otherwise publishing of the plaintiff the said or similar libel
HELD
That the right to relief as claimed by all seven plaintiffs is in respect of and arises out of the same transaction. and the respondents were able to establish their claims without each testifying on his own behalf before the court.
ISSUES
Whether or not it was proper for all the respondents to be joined as co-plaintiffs in the same suit
RATIONES DECIDENDI
JOINDER/MISJOINDER OF PARTIES NOT FATAL
It is a settled principle of law that non joinder or misjoinder of parties will not be fatal to the proceedings- Per Anthony Okechukwu Iguh, J.S.C.
ISSUES NOT COVERED BY THE GROUND OF APPEAL
Appellate court can only hear and decide on issues raised on the grounds of appeal filed before it and an issue not covered by any ground of appeal is incompetent and will be struck out. – Per Anthony Okechukwu Iguh, J.S.C.
GENERAL DAMAGES IMPUTED TO EVERY LIBEL
The law is firmly settled that every libel is of itself a wrong in regard to which the law imputes general damages. If a plaintiff proves that a libel has been published of him without legal justification, his cause of action is complete 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.- Per Anthony Okechukwu Iguh, J.S.C.
CASES CITED
Ajibade v Pedro (1992) 5 NWLR (Pt 241) 257 at 267Attorney-General of Anambra State v Onuselogu Enterprises Ltd (1987) 4 NWLR (pt. 66) 547British and French Bank Limited v Solel-El-Assad (1967) NMLR 40Kehinde v Ogunbunmi and Others (1967) 1 ALL NLR 306 or (1968) NMLR 37Strand v Lawson and others (1898) 2 Q.B. 44
