ADEMOLA ATOYEBI V. WILLIAM ODUDU

O. OLATAWURA, JSC (Delivering the Leading Judgment): When this appeal came before us on 9th July, 1990, I allowed the appeal and indicated that the reasons for allowing the appeal would be given today. I now give my reasons.

The appellant who was the plaintiff sued the respondent, the defendant in the High Court of Kwara State, claiming the sum of Seventy Thousand Naira (N70,000.00) as special and general damages for "words falsely written and circulated at Borin in Kwara State of Nigeria in a circular dated 15th August, 1979 titled "DISCLAIMER" addressed to all practising estate surveyors in Borin by the defendant to the discredit of the plaintiff and which circular the defendant meant to and, which does in fact, refers (sic) to the plaintiff, as a result of which the plaintiff has been greatly injured in reputation, and has been brought into public scandal, ridicule and contempt."

In his statement of claim dated 2nd day of January, 1980 and filed on 4th January, 1980 the plaintiff …