S. B. D. ALUMO V. THE SKETCH PUBLISHING CO. LTD

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…