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DUMBE, MAURICE & ORS VS CHIEF STEPHEN IBUGBOE

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DUMBE, MAURICE & ORS VS CHIEF STEPHEN IBUGBOE

Legalpedia Citation:

In the Supreme Court of Nigeria

HOLDEN AT LAGOS

Thu Feb 3, 1983

Suit Number: SC 85/1981

CORAM


SOWEMIMO

BELLO

IDIGBE

ESO

ANIAGOLU


PARTIES


DUMBO, MAURICE & ORS APPELLANTS


CHIEF STEPHEN IBUGBOE RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

SUMMARY OF FACTS
On the 22nd September, 1976, the defendant published the removal of Chief Idugboe, as a member of the Board of Directors of the Oilfield Supply Centre Limited, Warri, in a Newspaper and warned the public not to transact business with him for and on behalf of the company.


HELD


The Court held that the publication is capable of defamatory meaning and that from the evidence and circumstances, it was in fact defamatory of the plaintiff.


ISSUES


(1) Whether the Federal Court of Appeal (hereafter referred to simply as “the Court of Appeal”) is right in holding that the words in the publication which is the foundation of the complaint of the plaintiff (i.e. the respondent herein) are capable of bearing a defamatory meaning? And (2) Whether the Court is right in holding that the said words are in fact defamatory of the plaintiff?


RATIONES DECIDENDI


CASES CITED


Capital and Counties Bank v.-Henry (1882) 7 App. Cas at p.762.Morgan v. Odham Press (1970) 1 WLR 820 (CA); (1971) 1 WLR 1239 (HLJones v. Skelton (1963) 1 WLR at p. 1376 (PC); Capital and Counties Bank v. Henry (1882) 7 App. Cas 741.Sutherland v. Stopes (1925) AC at pp. 62, 63, 75.Lagos City Council v. Ayodeji Ajayi (supra) (1970) 1 All NLR 291Knupffer vs. London Express Newspaper Ltd. (1944) A.C. 116 H.L


STATUTES REFERRED TO


The Supreme Court Rules, 1961|Federal Court of Appeal Act,|Supreme Court Rules 1977|


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