Professor Folarin Shyllon V. Mrs. Judith Asein (1994)

LawGlobal-Hub Lead Judgment Report

WALI, J.S.C.

The facts in this case are not in dispute. The respondent as plaintiff filed three separate actions in the High Court of Justice, Ibadan Judicial Division holden at Ibadan, against the appellant/defendant, claiming in each action, the sum of N1,000,000.00 (One million Naira) for libel contained in three separate identical letters addressed to three different officials by the defendant. The three separate suits bore the following identification numbers:- 1/155/85, 1/156/85 and 1/157/85. In these cases, the plaintiff and the defendant are the same so also are the same, the contents and wordings of the libellous publications complained of.

Along with the writs were the statements of claim; and after service of the writs on the defendant and entering appearance, learned Senior Counsel appearing on his behalf filed a Motion on Notice under Order 23 rule 4 of the Oyo State High Court (Civil Procedure) Rules and Order 18 rule 19(1)(a) and (2) R.S.C. (England) praying that the Statement of Claim be struck out on the grounds that-

(a) It discloses no reasonable cause of action and

(b) the action is frivolous, vexatious and an abuse of the process of the court and for a further order that the action be dismissed and judgment entered for the defendant with costs and for such further or other orders as this Honourable Court deems fit. AND FURTHER TAKE NOTICE that the grounds of the application are as follows:-

(1) The publication complained of is incapable of being defamatory of the plaintiff.

(2) Even if (which is not conceded) the publication refers to the plaintiff, it does not defame her.

(3) Even if all the facts alleged in the Statement of Claim are admitted or established, the plaintiff will not be entitled to the relief claimed.”

This motion was argued in respect of Suit 1/55/85 and at the conclusion of submissions by learned Senior Counsel on both sides, the learned Chief Judge reserved ruling to 28th October, 1985 while with the consent of learned Senior Counsel, the other sister cases to wit 1/156/85 and 1/157/85 were also adjourned for mention on the same 28th October, 1985 thus consequentially cancelling the earlier date of 12th September, 1985 to which they were both adjourned.

On 28th October, 1985 Mr. Ladi Williams (holding Chief F.R.A Williams brief), appeared for the defendant/applicant while Mr. Abimbola (holding Chief G.O.K. Ajayi’s brief) appeared for the plaintiff/respondent. In the considered Ruling delivered by the learned Chief Judge, he held that the Statement of claim filed along with the Writ of Summons in Suit No. 1/155/85 disclosed no reasonable cause of action and was an abuse of the process of the court. He accordingly struck it out and dismissed the action.

After the court Ruling in 1/155/85 Mr. Ladi Williams made the following submissions with regard to the two other sister cases that were adjourned to the same 28th October, 1985 for mention –

“That as there were earlier indications from both leading counsel that Suit 1/155/85 should decide the fate of the other two cases (Suits 1/156/85 and 1/157/85) – the parties being the same; the cause of action being the same, the same words being complained of; the same amount of damages being claimed – the statement of claim in the two actions should be struck out and the two actions dismissed.”

In reply to the submissions above Mr. Abimbola of learned counsel for the plaintiff/respondent says as follows that “he only got a telephone call from the Chambers of G.O.K Ajayi in Lagos to come and take the Ruling in Suit 1/155/85. Says one Chief Adejumo in Ibadan has also asked him to come and hold the brief of G.O.K Ajayi in Suits 1/156/85 and 1/157/85. The files are not, he admits with him.”

At the end of these submissions, the learned Chief Judge said –