CORAM
NNAMANI JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
BELGORE JUSTICE, SUPREME COURT
AKPATA JUSTICE, SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
NNAEMEKA-AGU, JUSTICE SUPREME COURT
PARTIES
DAYO DUYILE AND ANOR
APPELLANTS
KELLY OGUNBAYO AND SONS LIMITED
RESPONDENTS
AREA(S) OF LAW
TORT – DEFAMATION – LIBEL – DEFENCES – APPEAL – CONCURENT FINDING – DAMAGES -QUATUM OF
SUMMARY OF FACTS
The 1st appellant as an editor of a newspaper wrote a story about the respondent. The respondent wrote to the first appellant demanding an apology claiming that the said publication was defamatory. the appellants replied that the publication was not defamatory as, they contended that it was a true reproduction of public announcement by Ogun State Price Control Board.
HELD
That the appellants were reckless in the extreme by publishing what the respondent found offensive and defamatory.
ISSUES
1. Whether or not the publication complained of (Exhibit ‘D’) was based on the bulletin by the Ogun State Ministry of Information (Exhibit ‘A’) in which case it would be privileged and no liability would attach or it was not based on it, in which case it was not privileged.
2. Whether on the whole, the publication was defamatory in view of the facts and circumstances of the case, and if so whether the defence of qualified privilege had not been effectively set up.
3. Whether the award of damages as well as that of costs for adjournment can stand on the principles on which they were made.
RATIONES DECIDENDI
ATTITUDE OF THE SUPREME COURT TO CONCURRENT FINDINGS OF FACTS OF LOWER COURT
‘Supreme court will not interfere with the concurrent findings of the two lower Courts on facts unless the findings are either perverse, or illegal as being based on inadmissible evidence or are completely not supported by any evidence or based on matters in evidence but unpleaded.’ Per. S.M.A Belgore JSC
WHETHER A COMPANY NEEDS TO PROVE FINANCIAL LOSS TO RECOVER DAMAGES FOR LIBEL
‘A company does not need to prove special damage or even financial loss to recover damages for the injury to its reputation in the way of its trade or business.’ Per. S.M.A Belgore JSC.
CASES CITED
Fashanu v. Adekoya (1974) 6 SC. (Reprint) 72; (1974) 6 SC.83, 91;
Yas-sin v. Barclays Bank D.C.O. Ltd. (1960) 1 AII NLR. 171;
Wuru v. Ekwonyeso (1978) 1 SC.37, 46,47;
Balogun v. Agboola (1974) 10 SC. (Reprint) 56; (1974) 10 SC.111, 118,119;
Onowon & Anor. v. Iserhien (1976) 9-10 SC. (Reprint) 56; (1976) NMLR 263).
Lakoye v. Oloja (1983) 8 SC.61;
Enang v. Adu (1981) 11-12 SC.25, 42;
Ojomu v. Ajao (1983) 9 SC.22, 53;
Nwadike v. lbekwe (1987) 4 NWLR 718.
Lewis v. Daily Telegraph (1964) AC. 262;
Proprietors of Selby Bridge v. Sunday Telegraph (The Times 17th February, 1966).
STATUTES REFERRED TO
Cap. 33 of Laws of Ogun State, 1978: