CHINWE E. IYIZOBA, J.C.A (Delivering the Leading Judgment): The appellant sued the respondent for libel claiming N5 million as damages. The appellant, a pensioner and former Principal Registrar of Ondo State Judiciary is a native of Daja Village, Ajowa, Akoko North West Local Government of Ondo State. The respondent, a former employee of N.E.P.A and also a native of Daja village denies that the appellant is from Daja village. The respondent had interest in the Shaba chieftaincy stool of Daja-Ajowa. Due to certain disputes regarding the stool, the respondent instituted a suit at the High court and then instructed his lawyer to write a letter complaining about the activities of the appellant regarding the suit he filed. The appellant's cause of action is founded on the contents of the letter written by the respondent's lawyer. Paragraphs 4 and 5 of the appellant's 2nd amended statement of claim state as follows:
"4. Subsequent to the aforementioned suit filed by the defendant, the defen…