CORAM
PARTIES
MUTUAL AID SOCIETY LTD
APPELLANTS
AKERELE
RESPONDENTS
AREA(S) OF LAW
LIBEL – DAMAGES
SUMMARY OF FACTS
The appellant instructed auctioneer to sell the respondent’s property which was not subject to any mortgage. The respondent was the wife of the person who obtained loan from the appellant secured by another property. The appellant had seen the notice before publication.
HELD
The court held that the appellant was liable but reduced the damages awarded.
ISSUES
Whether the appellant was liable for the publication by advertisement of notice made by the auctioneer employed by it
Whether from the circumstances of the case damages was properly assessed by the trial court and whether the appellate court can interfere with the award of same.
RATIONES DECIDENDI
RATIFICATION OF AN ACTION OF AN AGENT BY THE PRINCIPAL
‘ratification by or on behalf of the principal of the action of an agent may be expressed or implied, and in the case of an agent exceeding his authority ratification may be implied from the mere silence over, or acquiescence in, the action of the agent by the principal’- Idigbe J.S.C
CIRCUMSTANCES WHEN THE SUPREME COURT CAN INTERFERE WITH AWARD OF DAMAGES
‘The Supreme Court can decide what damages should be awarded, i.e., re-assess a previous award, in cases where an award of damages was made by the Judge sitting alone, since the appeal before it is by way of re-hearing; it will not, however, interfere with the previous award unless it is satisfied that the Judge acted on some wrong principle of law or that the amount awarded was so high or very small as to make it an entirely erroneous estimate of the damage suffered by the Plaintiff’- Idigbe J.S.C
WHETHER NEGLIGENCE IN PUBLISHING A DEFAMATORY MATTER IS EVIDENCE OF MALICE
‘mere carelessness or negligence in publishing a defamatory matter is not of itself evidence of malice’- Idigbe J.S.C
CASES CITED
Brown v. Citizen’s Life Co. (1902) 2 N.C.W.R. at 212
Citizen’s Life Co. v. Brown (1904) A.C. 423 at 428 P.C
STATUTES REFERRED TO