Inland Bank Nig Plc & Anor. V. Fishing & Shrimping Co. Ltd (2010)

LawGlobal-Hub Lead Judgment Report

UZO NDUKWE-ANYANWU, J.C.A.

The Respondent as Plaintiff sued the Appellants as Defendants and claimed the sum of N300 Million jointly and severally for libel.

The Respondent contended that the libel complained of was published in the prospectus issued by the 2nd Appellant on behalf of the 1st Appellant. The Respondent also claimed for an order of perpetual injunction restraining the Appellants from further publication of the words complained of.

The Appellants thereafter filed their joint statement of defence The trial proceeded and at the end of which, the trial Judge delivered his considered judgment on the 31st of January, 2001. The trial Judge entered judgment for the Respondent in the sum of N10 Million and also made an order restraining the Appellants from further publication of the offending words.

Being dissatisfied with the judgment, the Appellants filed their notice and 4 grounds of appeal. The Appellants filed its amended brief on 10th July, 2007 vide an order for leave granted on 3rd July, 2007.

The Appellants formulated 5 issues for determination namely:

(i) Whether the words complained of are defamatory.

(ii) Whether the Respondent proved its case as required by law.

(iii) Whether the Respondent’s reply filed on 21st September, 2001 after the conclusion of final addresses was properly filed.

(iv) Whether the trial Court was right in holding that the defence of qualified privilege was not established by the Appellants.

(v) Whether the award of the sum of N10 Million as damages to the Respondent was justified taking into account the entire circumstances of the case.

The Respondent filed his amended brief of argument on 18th June, 2008 and was deemed properly filed and served on 17th June, 2009. In it, the Respondent formulated 2 issues for determination viz:

(i) In view of the pleadings and evidence before the trial court, did the Respondent/Plaintiff prove its case and thus, entitled to judgment? (Grounds 2, 3, 4, 5, 6 and?).

(ii) Is the award of the sum of N10 Million as damages to the Respondent proper in this case? (Ground 1).