DAYO DUYILE & ANOR V. KELLY OGUNBAYO & SONS LTD.

S. M. A. BELGORE, JSC (DELIVERING THE LEADING JUDGMENT): In a publication of the "DAILY SKETCH" newspaper, dated 25th day of November, 1977, at the time when 1st appellant was its editor, it was inter alia written of the respondent as follows:

"Ogun State Price Board has announced that the sales of commodities worth ₦29,I33.68 will take place today at the stores of Kelly Ogunbayo and Sons Ltd., No.2 Ibadan Road, Iperu Remo, near Sagamu and starting at 9.00 a.m. (sic)."

The publication was headed in bold letters "PRICE CONTROL TO SELL ₦29,000.00 HOARDED BEER." The respondent wrote to the first appellant demanding an apology claiming that the said publication complained of was defamatory. That was on 21st day of December, 1977; and by 11th January, 1978 the final reply of the appellants was that the publication was not defamatory as, they contended, it was a true reproduction of public announcement by Ogun State Price Control Board.

It must be pointed out that at the trial of the action, o…