(1961) JELR 80381 (SC)    
Supreme Court  ·  FSC 291/1961 ·  18 Sep 1961 ·  Nigeria
Other Citations
(1961) All N.L.R. 502
Brett, AG. C.J.F. Mbanefo, C.J. (East) Bellamy, AG. C.J. (Lagos)
Core Terms Beta
chief abel mukete
john mukete
trial judge
mr ebako
proof of special damage
second defendant
written script
6th july
areas of land
balance of probability
claims of the plaintiffs victor mukete
criminal offence
decision of the high court of the southern cameroons
exercise of the statutory duty
express words of exemption
favour of the learned judge
first respondent
following passage
initial argument
internal arrangements of the corporation
kumba town council
land committee of the council
leading judgment
learned trial judge
local news
matter of common knowledge
missionary societies
mr adesanya
mr bentley
mr daniel ebako
news programme broadcast
nigerian broadcasting corporation
nigerian broadcasting corporation ordinance
plaintiffs chief abel mukete
plaintiff victor mukete
popular belief
public service
respect of the publication of any item
second respondent
statutory body wishes
view of the concession

Brett, Ag. C.J.F(reading the leading judgment)This is an appeal from the decision of the High Court of the Southern Cameroons dismissing the claims of the plaintiffs Victor Mukete, John Mukete and Chief Abel Mukete in three consolidated actions for damages for defamation.

The defamation complained of consists of the following passage in a news programme broadcast by the first respondent on the 4th and 6th July, 1960:-

Mr Daniel Ebako, C.P.N.C. opposition member in the Kumba Town Council, has called on a Commission of Inquiry into the affairs of both the Market and Land Committee of the Council.

He said that areas of land are being allocated to non-natives without consultation and that some section had also been transferred by the Health Officers without documents of transfer.

He alleged that some Missionary Societies were at present engaged in an extensive acquisition of land without due consultation and therefore wanted the Council to specify the extent of their individual lands.


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