Alahji Daudu Olaniyi V. Ajibade Elero (2006)

LawGlobal-Hub Lead Judgment Report

JOHN INYANG OKORO, J.C.A.

This is an appeal against the judgment of the Honourable Justice A. Adeniran of the Oyo State High Court delivered on 30th March, 1999 in a suit which the appellant was the plaintiff and the respondent the defendant. In it the plaintiff, now appellant claimed as follows:

“The plaintiff’s claim against the defendant is for the sum of ONE MILLION NAIRA (N1,000,000.00) being general damages for identifying the plaintiff as an armed robber that robbed his house sometimes in August 1996 and publishing to the Anti-robbery Police at Mokola, Ibadan, telling Akinfenwa Ifesowapo Landlord Association, Old Ife Road, Ibadan and some people at New Gbagi Ibadan that the plaintiff is an armed robber and that he was one of the robbers that robbed his house in August, 1996. Thereby the plaintiff has been defamed without lawful justification and thereby loses reputation, integrity and dignity”.

Pleadings were filed and exchanged and the plaintiff in paragraph 24 of the statement of claim claimed N1,000,000.00 being general damages for unlawful defamation of character as per his writ of summons. The defendant in his statement of defence denied the claim and stated that he never made any malicious and false report to the Police against the plaintiff and that the plaintiff’s claim is frivolous, vexatious, scandalous and an abuse of court process, and should be dismissed with substantial costs.

The facts of this case as stated by the plaintiff only, the defendant not having given evidence but resting his case on that of the plaintiff are as follows:-

The appellant and respondent are both landlords at Akinfenwa Area, Off Old Ife Road, Ibadan. The appellant used to buy grinding mill from the respondent but on one occasion the appellant had to recover the sum of N35,000 which he paid for a grinding mill to the displeasure of the respondent. On 31st August, 1996, the appellant was arrested by the Police and was detained at the Anti-robbery Police Station at Mokola, Ibadan for 12 days. Appellant’s vehicle was detained for 22 days. It later turned out, according to the appellant that he was detained upon an allegation made by the respondent that the appellant was the armed robber that robbed his house. That when the Akinfenwa Ifesowapo Landlord Association called a meeting while the appellant was still in the Police cell, the respondent allegedly refused to heed the advice of the Association to let him of the hook. He rather maintained that he was the armed robber that robbed his house. Also, that the respondent told some people at the new Gbagi Old Ife Road that the appellant was an armed robber. On proper investigation by the police, the appellant concluded, the actual robbers were apprehended and the appellant was subsequently released from detention. That the allegations were defamatory and the appellant has lost his personal reputation, prestige and had become ridiculed and lowered before the people.

As I have already stated, the respondent did not give evidence but rested his case on that of the appellant.

The learned trial Judge after taking the evidence as stated above and upon being addressed by both learned counsel for the parties, found the claim of the plaintiff incompetent and dismissed it.

The plaintiff, dissatisfied with the dismissal of his action, has appealed to this court. The notice of appeal dated the 6th day of April, 1999 has five grounds of appeal without their particulars where furnished, are as follows:-

“1. The learned trial Judge erred in law in holding in his judgment that the actual words complained of in the case were not stated by the plaintiff.

2. The learned trial Judge erred in law by failing to make an award of general damages in the alternative in favour of the plaintiff in case the court of appeal over ruled his decision of dismissal of the plaintiffs case.
3. The judgment is against the weight of evidence.
4. The learned trial Judge erred in law in not considering that the actions of the defendant as endorsed in the writ of summons are defamatory to warrant the award of general damages in favour of the plaintiff.
5. The learned trial judge erred in law in not making specific findings in his judgment having regards to the evidence before the court”.

The relief sought by the appellant is “to set aside the judgment of Ibadan High Court dated 30th March, 1999 and allow the plaintiff’s claim”.

In, the appellant’s brief of argument three issues were formulated for determination as follows:-

“(1) Whether the defendant’s action in identifying the plaintiff as an armed robber and reporting the same to the Anti-Robbery Police Mokola, Ibadan which led to the subsequent arrest of the plaintiff by the Anti-Robbery Police, Mokola, lbadan and subsequent detention of him in the police cell was defamatory or not.

(2) Was the learned trial Judge right in holding in his judgment that the “words complained of’ were not pleaded in the statement of claim.