NATURE OF THE TORT OF LIBEL AND INGREDIENTS WHICH PLAINTIFF MUST PROVE TO SUCCEED IN AN ACTION FOR LIBEL

CASE TITLE: AFUDE v. MELA (2020) LPELR-51155(CA)

JUDGMENT DATE: 15TH OCTOBER, 2020

PRACTICE AREA: TORT.

LEAD JUDGMENT: ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the Tort of Libel.

FACTS

This appeal emanated from the Judgment of the High Court of Gombe State delivered by Hon. Justice H. H. Kereng on October 11th 2017.

The Appellant is a Civil Servant and a resident of Komta Village in Billiri Local Government Area of Gombe State and the Respondent is a traditional title holder in Kojen Tangale and the Village Head of Komta, with whom the Appellant contested the stool of the Village head but lost. The Respondent wrote a letter on 22/12/2015 to the Area Court in respect of the Appellant’s case to have it settled out of Court at his palace. The case was on land between the Appellant and one Jauro Yusuf Katsina. The Appellant insisted that the case should continue at the Court and refused to attend any meeting with the Village Head as chair on the issue. The Respondent then wrote to return the matter back to the Area Court Judge on 8/1/2016 and copied the Divisional Police Officer Billiri, State Security Service Department Billiri, Tangale Community Development President and the Chairman Billiri Local Government Area and Mai-Tangale. The case of the Appellant is that, the letter of 8/1/2016 to the Area Court was defamatory and in bad faith.

The Respondent on the other hand pleaded justification of the contents and as qualified information. The Appellant reacted by instituting this action for libel at the trial Court and the claim for damages. The trial Court dismissed the Appellant’s case.

​The Appellant being dissatisfied, filed an appeal in the Court of Appeal.

ISSUES FOR DETERMINATION

The Court determined the appeal based on the following issues for determination:

1. Whether the Defendant as Village Head has the right to excommunicate the Plaintiff from Komta Community under any guise on a dispute over title to land with another person.

2. Whether or not the Plaintiff/Appellant had proved defamation by libel against the Defendant/Respondent through the letter dated 8/1/2016.

DECISION/HELD

In the final analysis, the Court of Appeal dismissed the appeal.

RATIOS:

• TORT- LIBEL: Nature of the tort of libel and ingredients which plaintiff must prove to succeed in an action for libel
• TORT- DEFAMATION: Test for determining defamatory words; effect of failure to prove that words are defamatory
• TORT- LIBEL: Essential ingredients or elements a plaintiff must prove to succeed in an action for libel; Effect of failure to prove same