The appellant sued all the respondents, as defendants, for libel claiming N1 million as damages. The appellant was at all material times a civil servant and controller of Low Cost Housing Projects with the Lagos State Development and Property Corporation. The respondents were staff and members of the Workers Union of the corporation.

The appellant's cause of action was founded on the minutes of a joint meeting between the management of the corporation and the defendants Union. The defendants represented their union.

Paragraph 4 of the plaintiff's statement of claim states as follows:

In their defence, the respondents pleaded that the averment in paragraph 4 of the statement of claim was true in substance and in fact. They also raised the defence of qualified privilege and supplied copious particulars of same. The appellant did not file a Reply.

The learned trial Judge after due hearing, in a considered judgment dismissed the appellant's claim the appellant was dissatisfied and he appealed to the Court of Appeal.