A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment):-It is an essential element of the cause of action for defamation that the words complained of should be published "of the plaintiff". If the words are not so published, the plaintiff is not defamed and cannot have any right to ask that the defendant should be held responsible to him in respect of them. (See Knupffer v. London Express Newspaper Ltd. [1944] 1 All E.R. 495 as per Viscount Simon L.C. at p. 496). It is not necessary that the words should refer to the plaintiff by name. Provided that the words would be understood by reasonable people to refer to him, and this is the test in every case, it is sufficient. As the law stands the test of whether words that do not specifically name a plaintiff refer to him or not is this. Are the words used such as, reasonably in the circumstances, would lead persons who know the plaintiff to believe that he was the person referred to? In the case now before us, the learned trial judge…
ALUMO
V.
THE SKETCH PUBLISHING COMPANY LTD.
(1972) JELR 46352 (SC)
Supreme Court 19 May 1972 Nigeria
BriefBot Summary
- The case involves a defamation claim where the plaintiff alleges that a newspaper article published by the defendants contained defamatory statements about him. - The article in question did not specifically mention the plaintiff by name,
Case Details
Suit Number:SC.68/1970
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Counsel:S. Sowemimo For Appellant
A. Ajakaiye For Respondent
Other Citations:Alumo v. Sketch Publishing Co. (1972) A.N.L.R 567 Dalumo v. Sketch Publishing Co.(1972) 5 S.C. 194
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