Sifax Nigeria Limited v. Phoenix Capital Limited (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal (hereinafter referred to as the court below) Coram: Tijani Abubakar, Abimbola Osarugue Obaseki-Adejumo and Jamilu Yammama Tukur, JJCA, delivered on the 27th day of January, 2017 wherein the court below dismissed the appellant’s appeal against the decision of the trial court (Lagos State High Court) Coram: Y. A. Adesanya which was delivered on the 28th day of May, 2010 in which the trial court had entered judgment in favour of the 1st respondent and against the appellant.

The parties tried in the summary of facts in their respective briefs to spin different ways in summarizing the facts that led to this appeal.

However, on a clear reading of the record, the following are the undisputed pertinent facts that led to this appeal.

The appellant and other parties not on the record were involved in business transactions which became the subject matter of a law suit. The 1st respondent was not a party to that suit.

The 1st respondent was the company which prepared the bid documentation for Tin Can Island Port Terminal “C” Concession which led to the dispute between specifically Migfo Nig. Ltd, Denca Nig. Ltd and PCL at the Federal High Court in suit No. FHC/L/CS/664/2006.

That suit was a purely contractual suit in which ownership of the bid for Terminal “C” was in issue. Suit No. FHC/L/CS/664/2006 was decided on 30/1/2007 by Tijjani Abubakar, J (as he then was).

The same parties with the same cause of action came to the Court of Appeal No. CA/L/843/2013, and at that time Hon. Justice Tijjani Abubakar had been elevated to the Court of Appeal.

When the appeal came up before a panel of which he was a member, Hon Justice Tijjani Abubakar, JCA informed his co-panelists of the fact that he had decided the case at the Federal High Court. The presiding justice then stated in the record of proceedings that the case would consequently be sent back for assignment to another panel.

After the judgment of the Federal High Court was delivered on 30/1/2007, the 2nd respondent published in the Business Vanguard section of its Vanguard Newspaper of 25th January, 2007 at page 25 a statement credited to the appellant’s Head of Corporate Affairs and Marketing, Dr. Phil Ofulue, which has been found by the two lower courts to be defamatory of the 1st respondent as follows:

“Speaking to Maritime reporters in Lagos to clarify issues with regards to the judgment, Dr. Phil Ofulue, Head of Corporate Affairs and Marketing, said that Sifax as a group has no skeleton in its cupboard, adding that the tussle over the terminal was as a result of a mistake caused by the consultant that handled the technical…

Consequently, the 1st respondent took out a summons against the appellant and the publisher at the High Court of Lagos State for defamation on 11/5/2007. That suit No. LD/588/2007 was decided on 28/5/2010. In LD/588/2007, the 1st respondent as plaintiff had claimed as follows:

“a. Damages for libel in the sum of N100,000,000.00 (one hundred million naira);

b. An injunction restraining the 1st and 2nd defendants and each of them, whether by themselves, their servants or agents or otherwise from further publishing or causing to be published in any manner whatsoever, the said words or any words similarly defamatory of the claimant;