TORT LAW — Defamation — Damages — Effect of Failure to Retract as Aggravating Factor
Principle Statement
The fact that the defendants did not apologise or withdraw the publication, cannot be taken into account, but it is material in so far as it increased the injury to the Plaintiff's feelings.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Oduwole & Ors v. West (2010) NLC-123-173-2003(SC) at p. 22; Paras C-D.
"The fact that the defendants did not apologise or withdraw the publication, cannot be taken into account, but it is material in so far as it increased the injury to the Plaintiff's feelings."
Explanation / Scope
This principle establishes that failure to retract or apologise is not a separate head of damages but is material as it increases injury to the plaintiff’s feelings. The principle applies in defamation cases. It ensures that the failure to retract is considered in assessing damages. The principle reflects that failure to retract aggravates the injury. It prevents double counting. The court must consider the failure as an aggravating factor. The principle provides guidance on the effect of failure to retract.
