TORT LAW ā Defamation ā Defence of Justification ā Truth of Imputation as a Complete Defence
Principle Statement
It is a complete defence to an action of libel or slander that the defamatory imputation is true. The plaintiff has no right to a character free from that imputation, and cannot recover damages for the loss of it; it is damnum absque injuria.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Iloabachie v. Iloabachie (2005) NLC-123-137-2000(SC) at pp. 29ā30; Paras EāB.
"It is, however, a complete defence to an action of libel or slander that the defamatory imputation is true. The truth of the imputation is an answer to the action, not because it negatives malice but because the plaintiff has no right to a character free from that imputation, and if he has no right to it, he cannot in justice recover damages for the loss of it; it is damnum absque injuria."
Explanation / Scope
Truth of a defamatory statement is a complete defence because the plaintiff has no right to a false reputation. The principle applies to tort law and defamation. Damage without legal injury (damnum absque injuria) is not compensable.
