FRESSY TRUST LIMITED & ORS v. ALLISON UZOHO
(2014) LCN/7019(CA)
RATIO
TORT: ESSENTIAL INGREDIENTS OF LIBEL
Libel has been defined as a statement in written form which causes a person to be exposed to hatred, ridicule or contempt i.e to be shunned or avoided and to be lowered in the estimation of right thinking people in the society. The tort of defamation is either libel or slander, the difference being that the former is written while the latter is spoken.
The essential ingredients of libel are as follows:
a. The words complained of must have been written.
b. The publication must be false.
c. The words must be defamatory or convey defamatory imputation.
d. The words must refer to the Plaintiff.
e. It must be the Defendant that published the words.
f. The onus is on the Plaintiff to prove that he was the one referred to in the alleged libel.
see:- – GUARDIAN NEWSPAPERS LIMITED & ANOTHER VS. REV. PASTOR C. I AJEH (2011) 4 SCNJ PAGE 152 AT 163 -164. Per Jimi Olukayode Bada, J.C.A.
TORT: ESSENTIAL INGREDIENTS OF THE TORT OF DEFAMATION
For the Respondent to succeed in a tort for defamation i.e libel, he must plead and prove all the three fundamental ingredients of the tort of defamation i.e.
a. That there is a publication of the material complained by the Plaintiff.
b. That the publication refers to no other person but the Plaintiff conclusively.
c. That the publication is defamatory of the Plaintiff.
See: – SKYE BANK VS. AKINPELU (SUPRA). Per Jimi Olukayode Bada, J.C.A.
TORT: ON WHOM LIES THE BURDEN TO PROVE THAT THE PUBLICATIONS CONVEY DEFAMATORY INPUTATION?
The onus of proof in this case (libel) is on the Plaintiff/Respondent to show that the published words complained of are defamatory or that they convey a defamatory imputation. Therefore where the words published cannot be said to be defamatory, the Defendants/Appellants cannot be held to be liable for defamation. Per Jimi Olukayode Bada, J.C.A.
