IFEANYI CHUKWU OKONKWO V DR. CHRIS NWABUEZE NGIGE & ORS
June 2, 2025GLOBAL EXCELLENCE COMMUNICATIONS LIMITED & 3 ORS V MR. DONALD DUKE
June 2, 2025Legalpedia Citation: (2007) Legalpedia (SC) 11119
In the Supreme Court of Nigeria
Fri Jul 13, 2007
Suit Number: SC.187/2002
CORAM
ALOMA MARYAM MUKHTAR, JUSTICE SUPREME COURT
PARTIES
MRS. MATILDA ADERONKE DAIRO. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent pasted an auction notice on the appellants building based on a mortgage deed between the former owner of the land and the respondent bank. The mortgage deed was quashed by an order of certiorari. The appellant sued for damages in a Lagos high court but the court held that it had no jurisdiction as the libellous act happened in Ogun State. The respondent raised preliminary abjections on appeal.
HELD
The appeal was dismissed. The Supreme Court held that the publication of the libel was in Ogun State and so the Lagos High Court doesn’t have jurisdiction to entertain the suit. ?
ISSUES
Whether the Court of Appeal was right in upholding the decision of the High Court?That the only issue for determination raised by the appellant did not seem to flow from the three grounds of appeal filed.?
RATIONES DECIDENDI
HOW TO DETERMINE PROPER VENUE FOR THE INSTITUTION OF A LIBEL SUIT
“It is the publication not the composition of a libel which is the actionable wrong as the injury alone by it arises from the effect produced upon its readers.”- PER Muhammed, JSC
PROCEDURE IN DETERMINING IF THE ISSUE FOR DETERMINATION IS BASED ON THE GROUNDS OF APPEAL
“When a sole issue is formulated from several grounds of appeal, except those which are found to be incompetent, defective or academic, and the appellant did not isolate any ground to which that issue relates, the presumption is that it relates to all the grounds” PER Muhammed, JSC
WHEN CAUSE OF ACTION IN THE TORT OF LIBEL ARISES
“Generally, a cause of action in the tort of libel arises where the libel is published.” – PER Muhammed, JSC
CASES CITED
1. Lee v. Wilson (1934) 51 C.L.R. 276 at 287.2. Ezomo v. Oyakire (1985) 2 SC 2603. Madukolu v. Nkemdilim (1962)1 All NLR (Pt.4) 5874. Okoye & Ors v. Nigerian Construction & Furniture Co. Ltd. (1991) 6 NWLR (Pt.199) 501
STATUTES REFERRED TO
NONE
