The respondent as plaintiff instituted an action against the appellant as defendant at Kaduna High Court claiming the sum of N2m (Two million Naira) as damages for libel alleged to have been published by the defendant/appellant in the Nigerian Tribune, Newspaper of 19/10/89 in a story headed "Ciroma Benefited from Societe General Shares". Pleadings was filed and exchanged between the parties. The respondent however denied that he did not plea any innuendo and referred to paragraph 6 of his Statement of Claim as a plea of innuendo. Respondent further contended that there was no evidence that the alleged/published story was originally inserted in Exh. 6 and later removed or deleted from same. The respondent further referred to plaintiff's witness evidence at page 29 lines 14-18 of the records to show evidence of the words to him.

At the trial, the plaintiff/respondent gave evidence and called a witness while one witness the reporter who filed the story testified on behalf of the defendant/appellant and expressed his regrets for the publication. By consent of both learned counsel to the parties seven documents were tendered from the bar and admitted as Exhibits 1-7 (vide page 26 of the record). After taking addresses of counsel to both parties, the learned trial Judge in a considered judgment entered judgment for the plaintiff/respondent in the sum of N750,000.00 as general damages.

Dissatisfied with this judgment, the defendant/appellant (hereinafter referred to as the appellant) appealed to Court of Appeal.

The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to: