MR. BIODUN ODUWOLE & ORS. V PROF. TAM DAVID WEST

CORAM

IBRAHIM TANKO MUHAMMAD, JUSTICE OF THE SUPREME COURT

IBRAHIM TANKO MUHAMMAD, JUSTICE OF THE SUPREME COURT

PARTIES

1. MR. BIODUN ODUWOLE

2. MR. AKIN ONIPEDE

3. MR. AMOS OGUNFOWOKAN

4. THE AFRICAN NEWSPAPER OF NIGERIA, PLC.

APPELLANTS 

PROF. TAM DAVID WEST

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent sued the appellant for libel. Dissatisfied with the quantum of damages awarded by the trial court, the respondent appealed to the court of appeal which allowed the appeal and increase the amount awarded. The appellant has now challenged the increase in award.

HELD

Appeal dismissed

ISSUES

Whether or not the court below was justified in interfering or disturbing the award made by the trial court.?

RATIONES DECIDENDI

AWARD OF DAMAGES IN LIBEL.

“The assessment of damages in a libel action is usually subjective”. Per Fabiyi J.S.C

WHEN APPELLATE COURT WOULD NOT INTERFERE WITH AWARDED DAMAGES.

“An appellate court would not interfere with an award of damages by a trial court simply because faced with a similar situation and circumstances it would have awarded a different amount”. Per Fabiyi J.S.C

FACTORS DETERMINING AWARD OF DAMAGES IN LIBEL.

“Other factors which should be considered in assessing damages in libel cases are social standing of the plaintiff and the rate of inflation which has adversely affected the value of the national currency” Per Fabiyi J.S.C

EFFECT OF PUBLICATION IN LIBEL.

“If a plaintiff proves that a libel has been published of him without legal justification, his cause of action is complete.” Per Fabiyi J.S.C

CASES CITED

1. Zik’s press Ltd. v. Ikoku 13 WACA 188;
2. Williams v. Daily Times (1990) 1 NWLR (Pt. 124) 1 at 49, 55;
3. James v. Mid-Motors (1978) 12 SC 31;
4. Eboh v. Akpolo (1986)1 All NLR 220;
5. Idahosa v. Oronsaye (1959) SCNLR 407;
6. Bala v. Bankole (1986) 3 NWLR (Pt. 27) 141.

STATUTES REFERRED TO

NONE

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