MR. EMMANUEL S. AKPAN v. MR. NTIENYONG UDO AKPAETOK

(2021) Legalpedia (CA) 11124

In the Court of Appeal

HOLDEN AT CALABAR

Tuesday, March 16, 2021

Suite Number: CA/C/277/2015

CORAM

MOJEED ADEKUNLE OWOADE

JAMES SHEHU ABIRIYI

MUHAMMED LAWAL SHUAIBU

MR. EMMANUEL S. AKPAN | MR. NTIENYONG UDO AKPAETOK

AREA(S) OF LAW

APPEAL

PRACTICE AND PROCEDURE

SUMMARY OF FACTS

The Plaintiff/Appellant before the High Court of Akwa Ibom State claimed against the Defendant/Respondent the sum of N10 million Naira damages for slander, an apology to him and an injunction restraining the Respondent from further publishing the slander. The case of the Appellant was that the Respondent, on or about 9th August, 2012, knowing that, he (Appellant) was about to marry went about the village and its environs far and wide maliciously and falsely uttered slanderous words against him. The Respondent denied uttering those words at any time or any word against the Appellant, which was reckless or malicious. After considering the evidence adduced by both parties and addresses of their counsel, the Court below dismissed the claim of the Appellant, hence the instant appeal.

HELD

Appeal Dismissed

Issues Of Determination

Whether the Court was right in dismissing the case of the claimant/appellant on the ground that the claimant/appellant failed to prove publication of the alleged slanderous words when in fact the claimant/ appellant and his witness in their evidence proved publication?”

RATIONES

ACTION FOR SLANDER – REQUIREMENT TO SUCCEED IN AN ACTION FOR SLANDER WHERE THE WORDS COMPLAINED OF WERE NOT UTTERED IN ENGLISH

“To succeed in an action for slander where the words complained of were not uttered in English; 1) The plaintiff must prove that the actual words were published to a person other than the plaintiff. 2) Prove that the translation to English was by a sworn interpreter as an expert witness. The sworn interpreter is to prove the correctness of the translation of the foreign language to English. The two requirements above must co-exist at the same time and must also be pleaded and satisfied before a plaintiff can succeed in an action in slander as in this case. Where the plaintiff is unable to prove any of these ingredients as required by law, his case remains unproven. See Oruwari v. Osler (2012) LPELR – 19764 p.40-41 per Chukwumah-Eneh, JSC.

Per J. S. ABIRIYI, J.C.A.

ACTION FOR SLANDER – DUTY OF A PLAINTIFF IN AN ACTION FOR SLANDER

“A plaintiff, according to the law, must in his statement of claim over all material facts in a case of slander, the place where the slander was uttered in order to enable the defendant know exactly the case he has to meet. See Ezomo v. Oyakhire (1985) LPELR – 1216 SC p.7-8 per Aniagoh, JSC.

Per J. S. ABIRIYI, J.C.A.

STATUS(ES) REFERRED TO

Not Available|

COUNSELS

M. O. Etim, Esq.For Appellant(s)|Edet T. Etukudo, Esq.For Respondent(s)|

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