A.C.B. Limited & Ors V. B. B. Apugo (2001)

LAWGLOBAL HUB Lead Judgment Report

EJIWUNMI, J.S.C.

The proceedings leading to this appeal commenced from the High Court of Umuahia in suit No. HU/99/83.

In that suit the plaintiff, who is also a cross-appellant in this court claimed against defendants, the appellants/cross-respondents, jointly and severally the sum of N10m as general damages for the publication of a libellous matter concerning him in the Nigerian Statesman of the 20th August 1983 and Sunday the 21st of August 1983.

Following the order for pleadings, the parties filed and exchanged their pleadings. They were further amended with the leave of the trial court. The plaintiff finally settled his pleadings with a Further Amended Statement of Claim. By his pleadings, the plaintiff averred that he is the Chairman and Managing Director of B. B. Apugo and Sons Limited and also Director or Chairman of other companies named in his Further Amended Statement of Claim. He further pleaded that the said B. B. Apugo & Sons Limited is a limited liability company duly registered and incorporated in Nigeria. The plaintiff also pleaded that the 1st defendant is a limited liability company duly registered to carry on banking operations throughout Nigeria and has an office at Okigwe road, Umuahia Ibeku. The second appellant was also referred to in the pleadings as a limited liability company, and the printers and publishers of the “Nigerian Statesman” group of Newspapers with an office at Umuahia Ibeku. The plaintiff also pleaded that the 3rd defendant claimed to be a Licensed Auctioneer with an office at No. 93 St. Finbarr’s College Road, Akoka, Yaba, Lagos.

The plaintiff in paragraphs 5, 6, 7, 8 and 10 of his Further Amended Statement of Claim pleaded the alleged libel thus:-

“Para: 5 – On Saturday, August 20, 1983, at page five of the Nigerian Statesman and on or about the 21st day of August, 1983, the 3rd defendant at the instance of the 1st defendant published or caused to be published at page 14 of Sunday Statesman Newspapers of 21st August 1983 the following:-

Auction! Auction! Auction!

Sales of Land Properties

Going! Going!! Gone!!!

A written instruction has been received from the Mortgagees, AFRICAN CONTINENTAL BANK LIMITED to the Licensed Auctioneer C.C. MOJEKWU Esq. To sell by public auction a leasehold and freehold properties of B.B. Apugo.

In subparagraphs (a), (b) and (c) the three properties which formed the subject of the sale were then described. This was followed by this clause “Sale is subject to the consideration and approval of the mortgages at their absolute discretion. C. C. Mojekwu Esq., A.C.B. Umuahia Branch.”

Para: 6 – The “Nigerian Statesman” and the “Sunday Statesman”, Newspapers owned and published by the Imo Newspapers Limited at Owerri have wide circulation through out Nigeria.

Para: 7 – The plaintiff at all times material to the publication is not indebted to the 1st defendant, a limited liability company incorporated in Nigeria – B. B. Apugo & Sons Limited – was that customer of the 1st defendant. The said company and the 1st defendant are in court over the account of the company with the bank The judgment of Umuahia High Court in suit No. HU/14/79 A.C.B. Limited vs. B. B. Apugo & Sons Limited has been set aside by the Court of Appeal, Enugu and the case was sent back for retrial……………

(a)…………………………