TAYLOR, F.J
This is an appeal on the quantum of damages awarded to the plaintiff/appellant by Onyeama, J. of the High Court of Lagos, in an action for damages for libel.
The Learned Trial Judge in his judgment held that the publication was libellous in these words:-
I am of opinion that the telegraph was an unnecessarily wide method of communication in this case. On the defendant’s own showing there was no urgency about the matter, and if, as I find, the 1953 episode did not in fact, take place, then there was not a grain of truth in the allegations contained in the telegram and the defendant cannot claim privilege to tell a deliberate and damaging falsehood about another.
He then went on to say as follows, and this is the passage in the judgment complained of by Learned Counsel for the appellant:-
In assessing damages I take into account that the parties are closely related and that it would be invidious further to exacerbate feelings between them by awarding heavy damages.
A Trial Judge i…