Legalpedia Citation: (2010) Legalpedia (SC) 29121
In the Supreme Court of Nigeria
Fri Mar 5, 2010
Suit Number: SC. 38/2003
CORAM
COKER, JUSTICE OF THE FEDERATION
NIKI TOBI MUKHTAR , JUSTICE, SUPREME COURT
PARTIES
SKYE BANK PLC ALHAJI A. L. AJIBOLA APPELLANTS
CHIEF MOSES BOLANLE AKINPELU
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent sued the appellant at the trial court for trespass and libel. He claimed that the appellant posted an auction notice on his property when he was not indebted to them. The trial judge found the libel proved but dismissed the claim for trespass. The appellant’s appeal was dismissed by the Court of Appeal. They have further appealed.
HELD
Appeal allowed
ISSUES
RATIONES DECIDENDI
LIBEL:PROOF.
To succeed in an action of libel the plaintiff must prove 3 fundamental elements of defamation constructively:
1. that there is the publication of the material complained of by the defendant;
2. That the publication refers to no other person but the plaintiff conclusively;
3. That the publication is defamatory of the plaintiff. Per OGEBE JSC
PARTIES AND COURT ARE BOUND BY PLEADINGS.
All parties and the courts are bound by the pleadings and evidence. Per OGEBE JSC
LIBEL:SPECIFIC PLEADINGS.
The primary requirement in a claim of libel is that the plaintiff must plead the alleged libel and the precise words of libel alleged, and thereafter tender it in evidence. Per MUKHTAR JSC
CASES CITED
1. Iheanacho V. Chigere (2004) 17 NWLR (pt. 901) 130
2. Sketch V Aiaqbemokeferi (1989) 1 NWLR Pt.100 678;
3. Onu V Agbese (1985) 1 NWLR Pt. 4, 704 and
4. Service Press Limited V Nnamdi Azikiwe 13 WACA 301.