The parties were, at the time material to the proceedings culminating in the instant appeal, in the employ of Delta Steel Company Limited, Aladja. They were employed in different departments and were, however, it appears, allocated flats on the same floor of the same block of flat at its staff housing estate, styled Steel Township, Orhuwarun. The appellant lived with his wife, another staff of the Delta Steel Company Limited, child and two little sisters who were aged 8 and 9 years respectively in his flat, the respondent apparently a bachelor was living alone in the adjacent flat. Following allegations of sexual harassment of his sisters he received against the respondent, the appellant caused a letter to be written to the chairman of the Township council of the company requesting for a re-allocation of flat. The request for a relocation of the appellant’s family was influenced by the report made to him on the respondent’s conduct which letter was endorsed to some principal officials of the company who appear to constitute the council responsible for running for administering the estate.

Apparently aggrieved by the words published in the letter, the plaintiff instituted a libel action against the defendant.

The learned trial Judge rejected the defenses of qualified privilege by the defendant and accordingly found him liable for libel.

Dissatisfied with the judgement of the learned trial Judge, the defendant appealed to the Court of Appeal.