EGBUNA V. AMALGAMATED PRESS, NIG. LTD.

• Pages: 27-31

EGBUNA V. AMALGAMATED PRESS, NIG. LTD.

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Appeal dismissed.

EGBUNA V. AMALGAMATED PRESS, NIG. LTD.

J.C. EGBUNA

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APPELLANT

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V

THE AMALGAMATED PRESS OF NIGERIA

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RESPONDENTS

LIMITED AND ANOTHER

SUIT NO. SC 413/1966

SUPREME COURT OF NIGERIA

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BRETT,

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J.S.C.

AJEGBO,

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J.S.C.

LEWIS,

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J.S.C.

27th January, 1967

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Tort - Libel and Slander - False or popular innuendo - Consideration of ordinary

and natural meaning of words used - Words not amounting to disparagement

in the eyes of - Particular Section of Community - meaning of

Practice and Procedure - Pleadings - Interpretation of Statement of Claim by

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extrinsic aid - Whether proper - Defamation - Matter complained of - Passages

from newspaper cuticle, including headline, quoted in Statement of Claim -

Whether headline sufficiently pleaded as part of alleged defamatory matter.

ISSUES:

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1. Whether a statement of claim must only be construed by reference to its own

terms without extrinsic aid.

2.

What tests are to be applied when the innuendo pleaded in an action for libel

is a "false or popular innuendo" but not a "true innuendo".

3.

Whether an action for libel alleging disparagement of reputation in the eyes of

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a "Particular section of the Community "is actionable within the law of

defamation".

FACTS:

The plaintiff/appellant was at the material time General Manager of the Nige-

rian Railways while the first defendants were the proprietors, publishers and prin-

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ters and the second defendant The Editor of the "Daily Express" newspaper.

The plaintiff claimed damages in relation to an article published in the first de-

fendant's newspaper.

The statement of claim, particularly paragraph 3 alleged that:-

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"On page 1 and 6 of the issue

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dated Monday 18th November, 1963,

under the heading:-

`Rail Board Rejects 21.8m. Deal'

`Chairman, General Manager Blamed for Fantastic Bid',

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the defendants, falsely and maliciously printed and published

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of the plain-

tiff

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in the way of his said office and in relation to his conduct therein words

highly defamatory

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"