G. CAPPA LIMITED V. DAILY TIMES OF NIGERIA LIMITED

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Respondent published an Editorial in its Newspaper of 17th February, 1982 captioned "Send Cappa Packing". Offended by the publication, the Appellant instituted an action at the High Court of Lagos State, wherein it claimed -

"₦1,000,000.00 damages for injurious Falsehood maliciously published by the Defendants [the Respondent] and calculated to damage the plaintiff [Appellant's] business as Building and Civil Engineering Contractors."

Upon being served with the relevant Court processes, the Respondent entered appearance and filed a Statement of Defence that was amended during trial. The Appellant did not call any witness, but Chief F.R.A. Williams (SAN) applied to tender the publication from the Bar. Mr. Kehinde Sofola (SAN) objected, and in overruling his objection, the learned trial Judge, Adeyinka, J., held that -

"...A newspaper just like a gazette can be tendered from the bar. The fact that other party has no opport…