Fred Egbe V. The Hon Justice J. A. Adefarasin (1987)

LawGlobal-Hub Lead Judgment Report

ANIAGOLU, J.S.C.

In this action founded in slander, the Appellant, a legal practitioner resident at 197 Adeleke Adedoyin Street, Victoria Island, Lagos, sued the defendant, the then Chief Judge of Lagos State,claiming N500,000.00 (five hundred thousand Naira)”being general and special damages suffered as a result of the slander of the Plaintiff by the Defendant on the 23rd day of March 1978. ”

Although for the resolution of this appeal only one solitary legal issue needs to be dealt with, yet for a proper understanding of the dispute between the parties it is necessary to look at the background facts of the case as adduced in evidence.

It all began in 1977. The Appellant was visited in his office in Western House by a legal practitioner, one Dele Ogedengbe, who informed him that he had reached an agreement with a man called Bennie, who was the Managing Director of Laing Construction Limited, for him to rent a house situated at Victoria Island belonging to the defendant. Mr. Ogedengbe was acting for the defendant. He said he had come on the instruction of the defendant to request the Appellant to accelerate the preparation of legal documents so that Mr Bernie could pay the agreed rent of N50,000.00 (fifty thousand Naira) per annum, payable 5 years in advance, to the defendant.

Mr. Ogedengbe however informed the appellant that there was another house belonging to one Mr. Dove Edwin, the then Nigerian Ambassador to France, which they needed to hire in respect of which the preparation of legal documents should be given priority. The rent of Mr Dove Edwin’s house was N42,000.00. The reason why they required Dove Edwin’s house for immediate occupation was because it was a specially designed house having over half an acre of grounds as against the house of the Respondent. The house of the Respondent was to be kept in view to await further instructions.

To the surprise of the Appellant, on 23rd March 1978 the appellant was arraigned before a Magistrate V.B.A. Famakinwa, charged with one Mr Le Fevre, with stealing N450,000.00 property of the American International Insurance Company of Nigeria Limited. The charge

(Exhibit 1) reads:

“IN THE MAGISTRATE’S COURT OF LAGOS STATE

HOLDEN AT COURT No.1, LAGOS

THURSDAY THE 23RD DAY OF MARCH, 1978

BEFORE HIS WORSHIP

V.B.A. FAMAKINWA, ESQ.

CHIEF MAGISTRATE GRADE 1

LD/1311/81