CHIEF O.B. AKINOLUGBADE VS ONIGBONGBO
August 11, 2025S. B. FASHANU V. M.A. ADEKOYA
August 11, 2025Legalpedia Citation: (1974-06) Legalpedia (SC) 62963
In the Supreme Court of Nigeria
Tue Jun 11, 1974
Suit Number: SC. 266/1972
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
PARTIES
HIS HIGHNESS UYO
APPELLANTS
NIGERIAN NATIONAL PRESS LTD
MAGNUS BARA-HART
FELIX EGWARE
RESPONDENTS
AREA(S) OF LAW
APPEAL- LIBEL – AWARD OF DAMAGES
SUMMARY OF FACTS
The defendant made a publication to the effect the plaintiff was loyal to the Biafran government in a manner which injured his reputation as a person with high social status in the society.
HELD
The court held that the damages awarded by the lower court was insufficient and increased same.
ISSUES
Whether the damages awarded by the lower court is adequate having regards to the facts and circumstances of the case.
RATIONES DECIDENDI
ASSESSMENT OF DAMAGES IN LIBEL CASES
Whatever method of assessment is employed, a great part of the exercise of assessment must be arbitrary but the entire exercise must at all stages have reference to the evidence in the case and the subject-matter of the action. Such an award must be adequate to repair the injury to the plaintiffs reputation which was damaged; the award must be such as would atone for the assault on the plaintiffs character and pride which were unjustifiably invaded; and it must reflect the reaction of the law to the imprudent and illegal exercise in the course of which the libel was unleashed by the defendant- Coker J.S.C
WHEN AN APPELLATE COURT WILL INTERFERE WITH THE AWARD OF DAMAGES
The appellate courts are very reluctant to exercise this power and to attempt to re-assess the amount of damages which the trial Judge has given, and that they will never do so unless it can be established that at the trial the Judge proceeded upon a wrong principle of law or that his award was clearly an erroneous estimate, since the amount was manifestly too large or too small – Coker J.S.C
CASES CITED
Ziks Press Ltd. v. Alva Ikoku (1951) 13 WACA 188
STATUTES REFERRED TO
Not Available
