Mrs. Matilda Aderonke Dairo V Union Bank Of Nigeria Plc & Anor (2007)

LAWGLOBAL HUB Lead Judgment Report

I. T. MUHAMMAD, J.S.C

The plaintiff at the Lagos State High Court of Justice holden at Ikeja within the Ikeja Judicial Division, took a writ of summons against the defendant. She indorsed the following claim:-

“Plaintiff claim is for N25 million damages for the libelous publication pasted by the second defendant on the plaintiff’s one story building of No.12, Adegbite Street, Iju-Ajuwon, Agege.”

Background facts giving rise to the above claim as contained in the printed record of appeal show that the plaintiff is a banker of repute with the Nigerian Arab Bank Ltd. holding the post of an Assistant Manager in the bank. She is the owner of a property known and described as No. 12, Adegbite Street, Iju-Ajuwon, Agege in the Ikeja Local Government Area of Lagos State. The plaintiff claimed that on or about the 10th of January, 1981, the 1st defendant caused an auction notice to be pasted on her one storey building at No. 12, Adegbite Street, Iju-Ajuwon, Agege. The plaintiff never had any transaction with the 1st defendant or authorized any person to mortgage the property for any consideration. She claimed that many people went to her house to inquire about her indebtedness to the 1st defendant. She was as a result, subjected to embarrassment, queries and humiliation by her employers at the Nigerian Arab Bank Ltd.

On enquiring from the Land Registry, Abeokuta, Ogun State, it was discovered that the officials of the 1st defendant at its Oni-Panu branch executed a deed of mortgage on the property for one of their customers, Alhaji Mojeed Alepo Bakare from whom the plaintiff bought the land upon which the one storey building at No. 12, Adegbite Street, Iju-Ajuwon, Agege was erected without the said Alhaji Mojeed Alepo Bakare depositing any title documents. Action was commenced at the Ota High Court of Ogun State whereby the said mortgage deed dated 13th September. 1985, registered No. 13 at page 13. in vol. 276 of Land Registry. With the consent of the Govenor were quashed by order of certiorari in suit No. MT/7/91 – Matilda Aderonke Dairo v. Military Governor of Ogun State & Ors. (5/3/92).

The plaintiff maintained that by pasting the said auction notice on her property that portrayed her in bad faith and unworthy of any credit. The plaintiff demanded, through her solicitor, an apology and compensation from the 1st defendant to which the latter remained adamant.

By reason of pasting the auction notice on the premises the plaintiff has been injured in her credit and reputation and has been brought into public scandal, odium and contempt. The plaintiff thus claimed against the defendants jointly and severally as per her writ of summons.

Meanwhile, a motion on notice was filed and moved before the trial court for an order striking out the suit on the ground that the trial court had no jurisdiction as the cause of action -libel- arose in Ogun State. After having a thorough examination of the writ of summons, the statement of claim and the affidavit evidence, the learned trial Judge ruled that he had no jurisdiction to try the case as the cause of action arose in Ogun State while he was presiding over a Lagos State High Court. He accordingly struck out the suit with costs in favour of the defendants.

Dissatisfied with the ruling of the trial court, the plaintiff/applicant filed her notice of appeal to the Court of Appeal. Three grounds of appeal were set out therein. The Court of Appeal dismissed the appeal. The appellant now comes to this court. She set out four grounds of appeal in the notice of appeal.

Briefs were filed and exchanged by the parties. The respondents filed a notice of preliminary objection whose arguments were incorporated in the respondent’s brief of argument.

Learned counsel for the appellant formulated one issue for the determination of this court. It reads as follows:-

“Whether the Court of Appeal was right in upholding the decision of the High Court”

Learned counsel for the respondents formulated two issues. They are as follows:-

(1) Whether the Court of Appeal was right when it held that the High Court of Lagos State has no jurisdiction in a libel suit in which the publication of the libelous document did not take place within the jurisdiction of the court.