LEGAL PRINCIPLE: EVIDENCE LAW — Defamation — Libel — Presumption of Damage
PRINCIPLE STATEMENT
Every libel is a wrong in respect of which the law imputes general damages. If a plaintiff proves publication without legal justification, the cause of action is established, and he need not prove actual damage, as damage is presumed by law.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Edem & Anor v. Orpheo Nigeria Limited & Anor (2003) NLC-1711999(SC) at p. 12; Paras D–E.
"Every libel, in particular, is of itself a wrong in respect of which the law imputes general damages. If a plaintiff proves that a libel has been published of him without legal justification, his cause of action in tort is established and he need not prove that he has suffered any resulting actual damage or injury to his reputation for such damage is presumed by the law."
EXPLANATION / SCOPE
Libel is actionable per se; damage is presumed. The principle applies to defamation law. The plaintiff need not prove actual injury. The rule protects reputation. The court may award general damages. The principle is well-established.