DAILY TIMES OF NIGERIA PLC. & ORS V. MAJOR GENERAL MOHAMMED MAGORO (RTD)

GALADIMA, J. C. A. (Delivering the Leading Judgment): This is an appeal against the ruling of SAHID J. of the Lagos State High Court, Lagos Division given on 24/3/95, in suit No. LD/2799/91.

The plaintiff now Respondent had sued the defendants now the appellants for libel claiming N100 Million. The said alleged libel said to be contained in the Daily Times issue of 23/10/91 never referred to the respondent by name, or description. Consequently, the appellants applied to the respondent by letter dated 10/2/93 for further and better particulars of the statement of claim. The Respondents apart from naming Major General Buhari (Rtd) and Major General Tunde Idiagbon (Rtd) as the publishers, whose addresses were not disclosed, contained no special facts and circumstances extrinsic to the publication.

The appellants then applied to the trial court to have paragraphs 7(i) and (ii) and 8(i) and (ii) of the statement of claim struck out on the grounds that the same disclosed no reasonable caus…