LEGAL PRINCIPLE: EVIDENCE LAW — Defamation — Libel — Corporate Claimant — Proof of Damage
PRINCIPLE STATEMENT
A company is not required to prove special damage, such as financial loss, before its claim for defamation may be sustained. It may recover damages for injury to its reputation and/or goodwill.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Edem & Anor v. Orpheo Nigeria Limited & Anor (2003) NLC-1711999(SC) at pp. 13–14; Paras E–B.
"The correct view of the law in this regard is that the 1st plaintiff, as a company, is not required to prove that it suffered special damage, such as financial loss, before its claim for defamation may be sustained. The injury suffered by it need not be confined to loss of income. Its claim for libel or in defamation is also sustainable and it may recover damages against the defendants for the injury to its reputation and/or goodwill."
EXPLANATION / SCOPE
A corporate defamation claimant need not prove special damages. The principle applies to defamation law. Injury to reputation or goodwill is sufficient. The rule protects corporate reputation. The court may award general damages. The principle is well-established.