Albert Oluwole Obikoya V. Peter Ezenwa & Ors. (1973)

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Parties

ALBERT OLUWOLE OBIKOYA – Appellant(s)

AND

1. PETER EZENWA
2.AJIBADE THOMAS
3.THE COMMERCIAL AMALGAMATED PRINTERS LIMITED – Respondent(s)

UDOMA, J.S.C. 

This is an appeal by the plaintiff against the ruling given on 22nd February, 1971 in favour of the defendants by Odesanya, J. in Suit No. LD/502/70 in the High Court of Lagos State. The appeal raises an important point of law on pleading, practice and procedure.

The claim is for the sum of 50,000pounds being damages for libel alleged to have been published in an issue of the ‘Daily Express newspaper of 20th July, 1970 and for an injunction.

Pleadings having been ordered were duly filed and delivered. Only paragraph 4 of the statement of claim and paragraphs 7, 8 and 9 of the statement of defence need be referred to in this judgment, as we think they are the only parts of the pleadings which are of relevance to the issue in controversy in the appeal.

In paragraph 4 of his statement of claim, the plaintiff set out in substance the libel complained of in the following terms:-

“4. On page 6 of the issue of the said newspaper dated July 20th 1970 under caption ‘ ‘WARNING” the defendants falsely and maliciously printed and published or caused to be printed and published of the plaintiff and of him in the way of his said offices and in relation to his conduct therein the following words:-

‘WARNING’

‘The Public are hereby informed that Mr. Oluwole Obokoya is not the Manager, director, or chairman or Managing Director of Pool House Group Nigeria Limited and has no authority to so represent himself or transact any business for and on behalf of the Company.

Any person who deals with him in any capacity whatsoever or have so dealt with him does so or have done so at his or her own risk’.”

In answer to the averments contained in paragraph 4 of the statement of claim the defendants purported to set up a defence of privilege. This, as pleaded in paragraphs 7 and 8 reads:-