Legalpedia Citation: (2009-04) Legalpedia 84795 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Wed Apr 29, 2009
Suit Number: S.C. 16/2004
CORAM
A KATSINA-ALU, JUSTICE SUPREME COURT
M MOHAMMED, JUSTICE SUPREME COURT
W ONNOGHEN, JUSTICE SUPREME COURT
C CHUKWUMA-ENEH, JUSTICE SUPREME COURT
MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
PARTIES
1. EVA ANIKE AKOMOLAFE
2. AGBOOLA AKOMO LAFE
APPELLANTS
1.GUARDIAN PRESS LTD (PRINTERS)
2. GUARDIAN NEWSPAPER LTD (PUBLISHERS)
3. JOSEPH NAKPODIA
4. ADEWALE GBELEYI
RESPONDENTS
AREA(S) OF LAW
LIBEL – FAIR COMMENT – EVIDENCE – JUDGMENT
SUMMARY OF FACTS
The Plaintiffs/Appellants at the trial court claimed the sum of N8, million as damages for libel published concerning the Plaintiff, N3, 105,000.00 being damages for libel published against the 2nd Plaintiff ad an injunction restraining the Defendants from further publishing the words in question.
The trial court upheld the defences by the Defendants and dismissed the Plaintiffs case which resulted to an appeal to the Court of Appeal where the appeal was also dismissed, hence a further appeal to this court.
HELD
Appeal dismissed.
ISSUES
1.Was the learned trial judge not in error in failing to hold that the charge of nepotism leveled against the plaintiffs was defamatory of the plaintiffs?
2,Was the learned trial judge right in holding that the publications complained of did not refer to the plaintiffs?
RATIONES DECIDENDI
ISSUE – WHAT IS AN ISSUE?
“An issue is properly so called when, if resolved in favour of the appellant, should result in the setting aside of the judgment or decision appealed against as it is generally accepted that it is not every mistake or error of the court that would result in the setting aside of the decision of the lower court.” PER ONNOGHEN, JSC
MISTAKE OR ERROR OF COURT- IT IS NOT EVERY MISTAKE OR ERROR OF A COURT THAT WOULD RESULT IN THE SETTING ASIDE OF THE DECISION REACHED
“It is settled law that is not every mistake or error of a court that would result in the setting aside of the decision reached; that for an error to have that effect, it must be substantial so as to lead to a miscarriage of justice”. PER ONNOGHEN, JSC
PRIVILEGED OCCASION- MEANING OF PRIVILEGED OCCASION
“It is settled law that a privileged occasion is, in reference to qualified privilege, an occasion where the person who makes a communication has an interest or a duty, legal, social or moral; to make it to the person to whom it was made, and the person to whom it was made has a corresponding interest or duty to receive it – see Adams vs Ward (1917) AC 309 at 334. Per ONNOGHEN, JSC
EVIDENCE OF A WITNESS – EFFECT OF EVIDENCE ELICITED BY A WITNESS UNDER CROSS-EXAMINATION WHICH SUPPORTS THE CASE OF THE PARTY CROSS-EXAMINING
“Evidence elicited from a party or his witness(es) under cross examination which goes to support the case of the party cross examining, constitute evidence in support of the case or defence of that party”. PER ONNOGHEN, JSC
CASES CITED
1. Adams vs Ward (1917) AC 309 at 334
STATUTES REFERRED TO
NONE