TORT LAW — Defamation — Proof of Libel — Elements Required to Succeed in Action for Libel
Ratio Decidendi
Per Ogebe, JSC, in Skye Bank Plc & Anor v. Akinpelu (2010) NLC-123-38-2003(SC) at p. 5, para. E – p. 6, para. A:
"The law is trite that to succeed in an action of libel the plaintiff must prove 3 fundamental elements of defamation constructively. 1. That there is the publication of the material complained of by the defendant; 2. That the publication refers to no other person but the plaintiff conclusively; 3. That the publication is defamatory of the plaintiff."
Explanation / Scope
This principle establishes the three elements of libel: publication by the defendant, reference to the plaintiff, and defamatory content. The principle applies in defamation claims. It ensures that all elements are proved. The principle reflects the requirements for libel. It prevents claims without proof of all elements. The court must require proof of each element. The principle provides guidance on proving libel.