¹ “The Codification of the Law of Civil Wrongs in Common Law African Countries” in University of Ife, Integration of Customary and Modern Legal Systems in Africa (Ile-Ife, 1971), 170, 174.Google Scholar

² See e.g. Fleming, J., “Is There a Future for Tort?” (1984) 58 ALJ 131,Google Scholar and Alexander, , “Causation and Corrective Justice: Does Tort Law Make Sense?” (1987) 6 Law and Philosophy 1, who concludes (p. 23),Google Scholar “We should abolish the tort system”. This agonising is most acute in the United States, see Atiyah, P. S., “American Tort Law in Crisis” (1987) Ox. JLS 279.Google Scholar The literature on the inadequacies of tort as a compensation system is, of course, enormous; see, for example, Atiyah, P. S., Accidents, Compensation and the Law, 4th ed., London, 1987,Google ScholarIson, T., The Forensic Lottery, London, 1967,Google Scholar and for a less radical attack, the Report of the Royal Commission on Civil Liability and Compensation for Personal Injury (The Pearson Commission) Cmnd 7054. A wide-ranging attack is Sugarman, S. D., “Doing Away with Tort Law,” (1985) 73 Calif. L.R. 555;Google Scholar See also Abel, R. L., “A Critique of American Tort Law,” (1981) 8 Brit.J. Law and Society 199, 200.Google Scholar See also Abel, R. L., “Should tort law protect property against accidental loss?” in M. P. Furmston, Law of Tort, Policies and Trends in Liability for Damage to Property and Economic Loss London, 1986, p. 155. (His answer is “No”.)Google Scholar

³ Among the few are Veitch, E., East African Cases on the Law of Tort London, 1972,Google Scholar and Kodilinye, G., The Nigerian Law of Torts London, 1982.Google Scholar And see C. Muburimusoke, “Application of the Received Law of Torts in East Africa and the Problem of Transplanting Legal Norms,” in Bechtler, T. W., Law in a Social Context: Liber Amicorum Honouring Professor Lon H. Fuller, Deventer, 1978.Google Scholar

⁴ Gray, , “The Development and Function of the Law of Tort in the Twentieth Century in Australia and New Zealand,” (1965) 14 ICLQ 390.Google Scholar

⁵ There is an emphasis on Nigeria, because there are more reported cases from that country, and because of my own greater knowledge of Nigerian than other African law.

⁶ The case is Broun v. Mallet [1975] 1 GLR 81.Google Scholar

⁷ This was held actually not to constitute a cause of action—Obeng, Alias Nkobiahene v. Dzaba [1976] 1 GLR 172.Google Scholar

⁸ Held not to give rise to an action in tort—Beckley v. Evans 1963 ALR SL 70.Google Scholar

⁹ Last quarter of 1978 to third of 1980. The reports used are the Cyclostyled Cases of the High Court of Lagos, which are not now cyclostyled, but printed in quarterly volumes; the abbreviation is CCHCJ.

¹⁰ Which is discussed briefly below.

¹¹ See Twining, W. L., “The Camel in the Zoo”, in Shivji, I. G., Limits of Legal Radicalism (Dar es Salaam, 1986) 15.Google Scholar

¹² See below, p. 174.

¹³ Ahmed Hamid v. Amouna Hassan [1969] SLJR 165 (not a very satisfactorily argued case).Google Scholar

¹⁴ R., Gadam v. (1954) WACA 442.Google Scholar

¹⁵ Above, n. 7.

¹⁶ Masally v. Beckley [1961] 1 SLLR 192,Google Scholar and see also Kimothia v. Bhamra Tyre Retreaders [1971] EA 81.Google Scholar

¹⁷ [1914] 3 KB 98; see discussion in e.g. Ibekwe v. Pearce [1960] NRNLR 12.Google Scholar But see Vantol v. Omori [1975] NMLR 231 holding that the rule is inapplicable in the northern states of Nigeria since there is no such concept as a felony under the Penal Code.Google Scholar

¹⁸ E.g. Eliofobiri v. Anejemba O/4A/76 2.6.77, per NWOKEDI, J., “She has been shut out of proper determination of her case on merits by a legal technicality which is not within her competence to understand or appreciate”! To be fair one should also note another unreported case in which the judge declined to hold Igbo to be a foreign language where nearly everyone involved was Igbo—Iwowo v. Emelieze O/7/76, 4.2.77 (Mojo Bare, J.).

¹⁹ The perception is “theirs” especially because as Seidman, R. B. points out—State, Law and Development New York, 1978, p. 366Google Scholar—the system does not permit evidence of the needs of society such as might, for example, be presented in a “Brandeis brief.

²⁰ The actual wording varies: it may be “African” or “native” or refer to nationals of the country concerned, and these words may be defined in various ways. On the whole area, see. Allott, N., e.g., New Essays in African Law, London, 1970, Chap. 4,Google Scholar “Internal Conflicts of Law: Principles and Statutory Provision” and Chaps. 6 & 7, “Factors Affecting Choice of Law”.

²¹ I. O. Agbede suggests that this is much less true than used to be the case: “Conflict between Customary and Non-customary Systems of Law: Preliminary Observations” (1972) 5 Verfassung und Recht in Ubersee 415,Google Scholar though one might observe that although customary land law rules are now not uncommonly applied in the High Courts, this is much less true of customary rules of delict, on which there is a dearth of research.

²² The case is Ojo v. Edoh [1964] MNLR 12.Google Scholar

²³ [1973] 1 GLR 469.Google Scholar

²⁴ Ibid., 477.

²⁵ Including Addas v. Asante [1974] 2 GLR 288 (vicarious liability for seduction by son),Google Scholar and a similar Tanzanian case: Wanyangi v. Romara [1977] LRT n. 7.Google Scholar

²⁶ “According to Ishan native law and custom it is a very big crime to call someone a slave” Ataghama v. Azeke U/104/71 07 11 1972, (Unreported-High Court, Mid-Western State of Nigeria).Google Scholar

²⁷ Wankajiwaa v. Wereduwaa [1963] 1 GLR 332.Google Scholar

²⁷ Wankajiwaa v. Wereduwaa [1963] 1 GLR 332.Google Scholar

²⁸ Nkrumah v. Manu [1977] 1 GLR 176.Google Scholar

²⁹ But note the Committee on Defamation in England, Cmnd. 5909, para. 423.Google Scholar

³⁰ In Yola v. Anya, Makurdi Grade ‘B’ Court, case No. 94 of 1962, ubanka (Hausa for “your father”) held to be defamatory.Google Scholar

³¹ See Date-Bah, S. K. “Reflections on the Law of Defamation in Ghana” (1973) 10 UGLR 129.Google Scholar

³² See Amerasinghe, C. F., Aspects of the Actio Iniuriarum in Roman-Dutch Law, Colombo, 1966.Google Scholar Another example of the gulf between customary law and common law ideas is the case of Kiwanuka v. Obote, Case No. 315 of 1965, 146, discussed briefly below, p. 178.Google Scholar

³³ (1971) 1 RSLR 14.Google Scholar

³⁴ See Mate v. Amanor [1973] 1 GLR 469Google Scholar and see the observations of E. I. Nwogugu, Nigerian Family Law, Ibadan, 1974, p. 90.Google Scholar

³⁵ Tongi v. Khalil (1953) 14 WACA 331,Google ScholarEmegwara v. Nwaimo ibid. 347, Anthony v. Onyebashi [1974] 11 SC 1.Google Scholar

³⁶ Further in the sense that it was in addition to the fact that no allocation had been made to an individual.

³⁷ E.g. Okoh v. Olotu (1953) 20 NLR 123,Google ScholarAkinrinlowo v. Anwo [1959] WRNLR 178Google Scholar (land but not trees leased so landlord could sue for trespass to trees).

³⁸ Amori v. Akande [1975] 2 WSCA 143.Google Scholar

³⁹ Okunola v. Oluroyewa II [1958] WNLR 9, 11.Google Scholar

⁴⁰ Adeosun v. Oyarinde [1975] 5 WSCA 151, 164.Google Scholar

⁴¹ For some figures for Zambia see Patel, N. S., “Traffic Fatalities in Lusaka, Zambia” (1979) 19 Med. Sci. & Law 61: mortality per 10,000 vehicles 56 in 1974.CrossRefGoogle ScholarPubMed

⁴² [1932] AC 562.Google Scholar

⁴³ See Aboagye v. Kumasi Brewery Ltd. [1964] GLR 242 (decayed palm-nut found in beer);Google ScholarOverseas Breweries Ltd. v. Acheampong [1973] 1 GLR 421 (paraffin found in beer);Google ScholarOsemobor v. Niger Biscuit Co. Ltd. [1973] CCHCJ 71,Google ScholarOgbidi v. Guinness (Nigeria) Ltd. [1981] 1 Fed. NLR 67Google Scholar, Ebelamu v. Guinness (Nigeria) Ltd. [1983] 1 Fed. NLR 42. In Sierra Leone:Google ScholarBeckley v. Sierra Leone Brewery Ltd. 1972–3 ALR SL 1. I have come across no East African cases!Google Scholar

⁴⁴ See Ansa-Asare, K., “The Case for a Comprehensive Framework of Consumer Protection in Ghana” (1981 & 1982) 13 & 14 Rev. Ghana Law 73, 84.Google Scholar

⁴⁵ Kuofie v. Ahmoah [1975] 2 GLR 99.Google Scholar

⁴⁶ ltazya v. Water Resources Development (International) Ltd. [1971] ULR 72.Google Scholar

⁴⁷ Palm Line Ltd. v. Nigerian Ports Authority [1969] NCLR 403.Google Scholar

⁴⁸ Jones v. Maceys of Salisbury (Pvt. Ltd.) [1982] Zim. LR I.Google Scholar

⁴⁹ Laugher v. Kenya Safari Lodges and Hotels [1977] KLR 38.Google Scholar

⁵⁰ [1970] EA 310.Google Scholar

⁵¹ This is not to say by any means that one would consider the copying of English legislation to be of necessity a desirable thing. It so happens that the common law in this area has been rightly described as “a jungle of technicalities and refinement” (by J., Mocatta, in A.M.F. International Ltd. v. Magnet Bowling Ltd. [1968] 1 W.L.R. 1028, 1043Google Scholar). from which the Act of 1957 largely delivered it. So unusual are such cases that in the one and only Nigerian case, which arose in Lagos which is the only part of the country which does in fact have an Act modelled on the English one the Act was ignored!

⁵² In England, see e.g., Thake v. Maurice [1984] 2 All E.R. 513.Google Scholar

⁵³ See, for an English discussion, McKay v. Essex Area Health Authority [1982] QB 1166.Google Scholar

⁵⁴ Asentekramo v. Attorney-General [1975] 1GLR 319.Google Scholar

⁵⁵ Pope John's Hospital v. Kasozi, [1974] EA 221.Google Scholar

⁵⁶ Igbokwe v. University College Hospital [1961] WNLR 173.Google Scholar

⁵⁷ There have, for example, been one or two examples of quadraplegia in the Nigerian courts: Akinbode v. Fasasi [1982] 4 Oyo SHC (Pt. 1) 413,Google Scholar and Songonuga v. Akinwunmi Motors Ltd. FCA/1/107/80 (Court of Appeal, 06 6 1982) cited in Akinbode.Google ScholarFor a Ghanaian case of paraplegia see Kuni v. State Gold Mining Corporation [1978] 1 GLR 205.Google Scholar

⁵⁸ E.G. Kuni v. State Gold Mining Corpn above n. 57, Yatteh v. Sierra Leone Development Co. Ltd. 1972–3 ALR SL 51,Google ScholarObakoro v. Forex Co. Inc. [1973] UILR 91,Google ScholarKussasi v. Ghana Cargo Handling Co. Ltd. [1978] 1 GLR 170,Google ScholarBagologoza v. National Parks Trustee [1974] EA 201.Google Scholar

⁵⁹ Hirji, K. F., “Accidents at Work: The Case of Motor Vehicle Workshops” (mimeo, Dar es Salaam, National Institute of Transport, 1980 p. 13)Google Scholar quoted in Shivji, I. G., Law, State and the Working Class in Tanzania, London, 1986, pp. 146–7.Google Scholar

⁶⁰ For an account of the Nigerian legislation see Emiola, A., Nigerian Labour Law, 2nd ed., Ibadan, 1982, chap. 8.Google Scholar

⁶¹ Workmen's Compensation Act, s. 7, Cap. 222, Laws of Nigeria.

⁶² Ibid., s. 5(l)(a).

⁶³ Magzoub Mustafa El Tinay v. Hassan Mohammed Hilmi [1986] SLJR 100, 102;Google Scholar it must be said that this comes perilously close to saying that drivers must be careful because drivers are careless which is actually what the judge seems to have said in a Kenyan case Mugwe v. Mafunga [1971] KHCD 112/7.Google Scholar

⁶⁴ Kussassi v. Ghana Cargo Handling Co. Ltd. [1978] 1 GLR 170.Google Scholar

⁶⁵ Nishyirembere v. Mubende District Administration [1972] 1 ULR 90.Google Scholar

⁶⁶ E.g. Overseas Touring Company (Road Services) Ltd. v. Africa Produce Agency (1949) Ltd. [1962] EA 190.Google Scholar

⁶⁷ E.g. Ajirobah v. Unity Transport [1966] GLR 332.Google Scholar

⁶⁸ (1954) 14 WACA 512.Google Scholar

⁶⁹ Western Nigeria Trading Co. Ltd. v. Ajao [1965] 2 All NLR 100.Google Scholar

⁷⁰ [1965] AC 778.Google Scholar

⁷¹ Namyalo v. Ratanshi [1968] EA 14.Google Scholar See the comment of Muburimusoke, op. cit. pp. 164–5.Google Scholar

⁷² [1946] 1 All E.R. 202 applied in, e.g. Jarmakani Transport Ltd. v. Abeke [1963] 1 All NLR 180,Google ScholarKesi v. Sedya [1973] EA 51.Google Scholar

⁷³ Duclaud v. Ginoux [1969] 1 All NLR 26.Google Scholar

⁷⁴ Akintunde v. Rufai [1972] 11 CCHCJ 121, 123.Google Scholar

⁷⁵ Those the contents of which have been analysed earlier plus [1980] Fed. of NLR [1977] National Court of Appeal Reports, [1984] 1 SCNLR.Google Scholar

⁷⁶ See e.g. Kazeem, B. O., J., in Asabiyi v. Lasisi [1973] 6 CCHCJ 85, 94 “ since the plaintiffs claims are for damages for trespass and an injunction, title is involved”.Google Scholar

⁷⁷ Pan Bros Ltd. v Landed Property Ltd. [1962] 2 All NLR (Part 1) 22.Google ScholarHenry v. Taylor 1 Renner 104. Interestingly the East African Court of Appeal avoided the necessity for the application of this fiction in Moya Drift Farm Ltd. v. Theuri [1973] EA 114, where it held that since the plaintiff was the registered owner of the land it could sue for trespass even before having taken possession, relying on the Registration of Title Act of Kenya s. 23 which provided that a certificate of title is “conclusive evidence” that the person named is “the absolute and indefeasible owner”. With respect this seems to ignore the distinction between ownership and possession, and this was surely an instance where the appropriate remedy was for an order for possession. Nonetheless one sympathises with the court's wish to avoid these technicalities.

⁷⁸ See generally Yakubu, M. G., Land Law in Nigeria, 1985, esp. Chap. 8.Google Scholar

⁷⁹ E.g. Ezeudo v. Obiagwu [1986] 3 SC 1.Google Scholar

⁸⁰ E.g. Romeo v. Jumbo PHC/165/76 of 10 February, 1977.Google Scholar

⁸¹ Ibid.

⁸² Ibid.Hinda v. Makanjuola [1978] Oyo SLR 126 (removing roof),Google ScholarAdesuloye v. Martins [1978] 10–12 CCHCJ 345 (windows removed and premises sealed up).Google Scholar

⁸³ Adollo v. Deyemi [1967] LLR 87,Google ScholarEgeure v. Animashaun [1978] 4 CCHCJ 637.Google Scholar

⁸⁴ Perera v. Vandiyar [1953] 1 All E.R. 1109 cited in the two cases in the previous footnote.Google Scholar

⁸⁵ See Protection from Eviction Act, 1977, s. 1.

⁸⁶ Sule v. Dogo PCZ/CVA/7/60 (Provincial Court, Zaria), defendant not liable when hired bicycle stolen from him; Akene v. Tase Case No. 202 of 1964 Gboko Mixed Court, defendant who borrowed fishing net was liable when he could not show he was not negligent with respect to its loss.

⁸⁷ Ogunfidodo v. Chinwah HOS/28A/68 7 03, 1969, Oshogbo High Court.Google Scholar

⁸⁸ (1703) 92E.R. 107.Google Scholar

⁸⁹ See cases such as Ogugua v. Armels Transport Ltd. [1974] 3 SC 139, 148,Google Scholar agreeing that degrees of negligence make no sense. On the other hand, there are African cases holding, for example, that the gratuitous bailee for his own benefit is liable for the “least negligence” as held in Coggs—e.g. Mohammed Osman El Baroudi v. Mukhtar 1970 (1) ALR Comm. 153. (Sudan).Google Scholar

⁹⁰ See, e.g., Narsons (Nig.) Ltd. v. Okerinde 1967 (2) ALR Comm. 128.Google Scholar

⁹¹ Express Transport Co. Ltd. v. B.A.T. Tanzania Ltd. [1968] EA 443Google Scholar.

⁹² E.g., Molokwu v. Ogbolowo Enterprises (Nig.) Ltd. W/39/76 (Warn High Court) 4 Spring, 1977Google Scholar—raising defences under s. 5, Innkeepers Law.

⁹³ Discussed briefly below, p. 176.

⁹⁴ For examples see United Dominions Trust v. Ladipo [1971] 1 All NLR 102Google Scholar (action for detinue actually failed), SCO A (Motors) Onitsha v. Abumchukwu [1973] NMLR 188Google Scholar, Yekorogha v. Nigerian Technical Co. Ltd. (1978) 1 FCA 12Google Scholar.

⁹⁵ Under the Bills of Exchange Act 1882 where this is applicable and also under versions of the English Cheques Act 1957—e.g. the Nigerian Bills of Exchange Act 1964.

⁹⁶ E.g. BEWA C Ltd. v. African Continental Bank Ltd. [1973] 6 CCHCJ 12Google Scholar, United Nigeria Insurance Co. v. Muslim Bank (West Africa) Ltd. [1971] 1 All NLR 314Google Scholar.

⁹⁷ Ports Act s. 91.

⁹⁸ E.g. Koko v. NPA [1973] 3 CCHCJ 5Google Scholar, Jolliters Chemists (Nig.) Ltd. [1974] 7 CCHCJ 1117Google Scholar, Litigo Enterprises (Nig.) Ltd. v. International Aviation Services Ltd. [1980] 1–3 CCHCJ 258Google Scholar, Ogunmefun v. Nigeria Airways Ltd. [1979] 7–9 CCHCJ 186Google Scholar.

⁹⁹ Koroye v. WAEC [1977] 2 SC 45Google Scholar.

¹⁰⁰ And also of actions for infringement of registered designs and relating to registration of trademarks, which raise similar issues.

¹⁰¹ Literally “penny each”, that is those who buy items in penny numbers, not in packets.

¹⁰² Boots Co. Ltd. v. United Niger Imports Ltd. 1977 (1) ALR Comm. 279Google Scholar. Contrast East African Industries Ltd. v. Trufoods Ltd. 1972 ALR Comm. 96Google Scholar—purchasers of fruit drink sold in supermarkets likely to be sophisticated.

¹⁰³ See Babafemi, , “Trade Marks and the Illiterate”, (1974) 18 JAL 180Google Scholar. For another interesting case see BAT Uganda Ltd. v. Martin Brinkmann AG 1969 (2) ALR Comm. 393Google Scholar, a case of registered trademarks, “Rex” and “Lux” in which a teacher of languages at the University gave evidence that people tended to confuse “r” and “1”.

¹⁰⁴ [1964] AC 465Google Scholar.

¹⁰⁵ Imarsel Chemical Co. Ltd. v. National Bank of Nigeria Ltd. [1974] 4 ECSLR 355Google Scholar. For other interesting African cases see Ngaire v. National Insurance Corporation of Tanzania Ltd. [1973] EA 56Google Scholar, and Tobaddo Finance (Pvt) Ltd. v. Zimnat Insurance Co. Ltd. [1982] 1 Zim. LR 47Google Scholar.

¹⁰⁶ Okeowo v. Sanyaolu [1986] 2 NWLR 471Google Scholar. (Spartan Steel & Alloys Ltd. v. Martin & Co. (Contractors) Ltd. [1972] 3Google Scholar All E.R. A Spartan Steel concern about floodgates was also discussed in the Zimnat case: see the previous footnote.)

¹⁰⁷ See n. 43 above.

¹⁰⁸ Fodwoo v. Law Chamber & Co. [1965] GLR 363Google Scholar.

¹⁰⁹ E.g. Agip (SL) Ltd. v. Edmask 1972–1973 ALR SL 218Google Scholar (C induced breach of lease by A to B so land could be leased to him).

¹¹⁰ [1962] WNLR 298Google Scholar.

¹¹¹ CAW/102/68 10 04, 1969Google Scholar.

¹¹² SC 289/1971 8 09, 1972Google Scholar.

¹¹³ By the then Federal Attorney-General, Dr. T. O. Elias. Another Bill was drafted in 1969 but did not become law.

¹¹⁴ The best known case is Shugaba Abdurrahman Daman v. Federal Minister of Internal Affairs 3 Nig. Const. LR 915; the relevant section was 42Google Scholar.

¹¹⁵ E.g. Nyasalu v. AG (1983) ZLR 105Google Scholar (medical negligence alleged on the part of a doctor at the university teaching hospital). Paton v. AG (1968) ZLR 185Google Scholar (action in false imprisonment when plaintiff deported), Magwara v. Minister of Health [1980] Zim. LR 315Google Scholar (medical negligence). In a Sudanese case the government was held liable for deceit: Sudan Government v. Abdel Rahman El Akib [1961] SLJR 55Google Scholar.

¹¹⁶ See Nigerian Oilseeds … Chemical Products Ltd. v. A-G Imo State (1984) 5 Nig. Const. LR 487Google Scholar.

¹¹⁷ For a fairly recent example (of a police officer in bad faith) see Oyegun v. Commissioner of Police [1982] 1 Oyo SHC (Pt. II) 159Google Scholar.

¹¹⁸ Op. cit., p. ixGoogle Scholar.

¹¹⁹ Under Decree No. 1 of 1984.

¹²⁰ Qyakhire v. Obaseki [1986] 1 NWLR 735Google Scholar.

¹²¹ Muwonge v. AG 1966 (1) ALR Comm. 139.Google Scholar

¹²² Sengendo v. AG [1972] EA 140Google Scholar.

¹²³ Namwandu v. AG [1972] EA 108Google Scholar.

¹²⁴ See Pande, B. B., “Protecting the Individual Against the State through False Imprisonment Actions: the Tanzanian Experience” (1983) 32 ICLQ 506Google Scholar.

¹²⁵ Imam v. Bornu NA (1959) 4 FSC 252Google Scholar.

¹²⁶ Rashid bin Abullah v. Cartwright 1 ZLR 407Google Scholar.

¹²⁷ Boyo v. Atake (1971) 1 UILR 403Google Scholar. For the report of the appeal on the contempt issue to the Supreme Court see Boyo v. AG Mid-Western Slate [1981] 1 All NLR 342Google Scholar.

¹²⁸ Obochi v. Uba MD/51/1976 (Makurdi) 4 11, 1977Google Scholar.

¹²⁹ Asuni v. Ibadan Town Planning Authority [1971] NMLR 64.Google Scholar

¹³⁰ LCC v. Isihalu [1964] LLR 221Google Scholar; Arthur v. LCC [1967] Fed. NLR 157Google Scholar.

¹³¹ Dosunmu v. LCC [1966] LLR 63Google Scholar.

¹³² George v. Board of Customs and Excise [1979] 2 Fed. of NLR 207Google Scholar, Thuo v. AG [1977] KLR 89Google Scholar.

¹³³ Adefanke v. Ikpehai [1958] WRNLR 33Google Scholar

¹³⁴ Reid-Daly v. Hickman [1980] Zim. LR 540Google Scholar.

¹³⁵ E.g. Mbanugo v. VAC (Nigeria) Ltd. [1961] All NLR 775Google Scholar.

¹³⁶ [1964] AC 1129Google Scholar.

¹³⁷ I have discussed this in a note on Nigeria, Cottrell, “Eliochin (Nigeria Ltd.) v. Mbadiwe [1986] 1 Nig. WLR 47”, in (1985) 30 JAL 204Google Scholar. That recent case did not actually decide the matter for Nigeria. There have been Nigerian cases which have rejected Rookes, e.g. Gbadamosi v. Sami [1980] Ogun SLR 120Google Scholar; contrast Adesanyua v. IGP (1982) Fed. of NLR 102Google Scholar. The Zambian case is Times Newspapers v. Kapwepwe [1973] ZLR 292Google Scholar. See also“Punitive Damages—Reassessed” (1972) 21 ICLQ, esp. pp. 121–3Google Scholar on East Africa. One interesting case mentioned there is Kanyike v. Attorney-General, Civil Suit No. 196 of 1967Google Scholar, where exemplary damages were awarded when the plaintiff had been imprisoned for four days by the Ugandan army.

¹³⁸ Paton v. AG, above, n. 122.

¹³⁹ Onyekwere v. OkwuUhie [1966–1967] ENLR 140Google Scholar.

¹⁴⁰ This point is made by Veitch, E., “Civil Defamation in Uganda 1960–70” (1871) 7 EALJ 39Google Scholar: he states that out of 12 reported cases, nine involved public figures (13 people); in 9 of the cases newspapers were defendants.

¹⁴¹ Clarke v. Nigerian Ports Authority [1977] 10 CCHCJ 2325Google Scholar, Adeyinka v. Balogun [1980] 4–6 GCHCJ 57Google Scholar.

¹⁴² Okwuwe v. Onifade [1981] 1 Oyo SHC 174Google Scholar.

¹⁴³ Coker v. Standard Bank of Nigeria [1976] NCLR 174Google Scholar (“referred to drawer” libellous), Alabi v. Standard Bank [1976] NCLR 404Google Scholar (“effects uncleared” not actionable), Animashaun v. Standard Bank LD/579/67 (not defamatory to say cheque countermanded, cancelled or revoked).

¹⁴⁴ Visas v. Daily Times of Nigeria Ltd. [1975] 6 CCHCJ 997Google Scholar.

¹⁴⁵ Daily Nation v. Mukundi [1975] EA 311Google Scholar.

¹⁴⁶ Obikoya v. Ezenwa [1973] 1 All NLR (Pt. 1) 64Google Scholar. For other cases see De Souza v. George Bros. Ltd. (1956–1957) 8 ULR 115Google Scholar, Caltex v. Oddie (1955) 22 EACA 334Google Scholar.

¹⁴⁷ Mukete v. Nigerian Broadcasting Corporation [1961] All NLR 482Google Scholar.

¹⁴⁸ Williams v. Chinda PHL/287/75 (Port Harcourt 7 01, 1977, OKARA, J.)Google Scholar.

¹⁴⁹ (1936) 52 TLR 669, 671Google Scholar. I have discussed the issue at greater length in Cottrell, “Right Thinking Members of Society Generally: a Problem in the Export of the Common Law of Defamation,” (1985) 9 Academy Law Rev. p. 173Google Scholar.

¹⁵⁰ Mowoe v. Aghoba W/137/67, 15 11, 1968Google Scholar.

¹⁵¹ The legal position on marriage is set out in Obi, S. N. C., The Customary Law Manual (Enugu, 1977) p. 223Google Scholar and there is a novelist's account in Achebe, Chinua, No Longer at Ease (London, 1962)Google Scholar. In different communities different names were used e.g. oru, ohu, time, omoni.

¹⁵² Abolition of the Osu System Law, Eastern Region Law No. 13 of 1956.

¹⁵³ Kiwanuka v. Obote, Case No. 315 of 1965Google Scholar, printed in Veitch, , East African Cases on the Law of Tort p. 146Google Scholar. This case has been criticised by Muburimusoke, op. cit.

¹⁵⁴ University College Cape Coast v. Anthony [1977] 2 GLR 21Google Scholar.

¹⁵⁵ Bandele v. Daily Times [1974] 6 CCHCJ 755Google Scholar.

¹⁵⁶ Heri Idd Ngungu v. Editor of Uhuru, Civil Case no. 33, quoted by Mtengeti, R., “Trends in the Tort of Defamation in Tanzania” (1985) 6 J Media Law & Practice 47, at p. 48Google Scholar.

¹⁵⁷ E.g. Visas v. Daily Times of Nigeria, above, n. 144.

¹⁵⁸ E.g. Eyo v. Eastern Nigeria Information Service (1963) 7 ENLR 144Google Scholar, African Newspapers of Nigeria Ltd. v. Coker [1973] NMLR 386Google Scholar.

¹⁵⁹ Daily Times 11 and 18 09, 1974Google Scholar and Ewelukwa, D. O., “The Independence of the Judiciary” (1977) 14 NBJ 38, 47Google Scholar.

¹⁶⁰ Sogbesan, A. O., “Coker v. Daily Times of Nigeria: A Tedious or Sagacious Exercise in Timorous Justice?” (1971) 2 Nig.J. Contemp. L. 36Google Scholar.

¹⁶¹ Attisogbe v. Hartley [1972] 1 GLR 194Google Scholar.

¹⁶² E.g. Rwekamka v. Binamungu [1974] EA 388Google Scholar, Economides v. S. Thomopoulos Ltd. & Co. Ltd. (1956) 1 FSC 7Google Scholar.

¹⁶³ Ajala v. Showunmi [1977] 1 CCHCJ 25Google Scholar.

¹⁶⁴ Aghahowa v. Aguebor [1957] WRNLR 69Google Scholar.

¹⁶⁵ Muburimusoke, , op. tit. p. 172Google Scholar, n. 28 suggests that libel actions have proved too much of a financial burden for at least one East African paper to bear.

¹⁶⁶ 376 US 254 (1964).

¹⁶⁷ [1960] WNLR 219Google Scholar.

¹⁶⁸ Onabanjo v. Concord Press of Nigeria Ltd. [1982] 3 Fed. of NLR 75, 92Google Scholar. It is perhaps not surprising that under the military it was held “A newspaper has no greater privilege … than any ordinary person”—African Newspapers of Nigeria Ltd. v. Coker [1973] NMLR 386, 397Google Scholar.

¹⁶⁹ Eastern Province Co-operative Marketing Board Ltd. v. Zambia Publishing Co. Ltd., Sel. Jnts. No. 24 of 1970Google Scholar.

¹⁷⁰ Mukete v. NBC, above.

¹⁷¹ CobbeU-Tribe v. Zambia Pub. Co. Ltd., [1973] ZLR 9, 21Google Scholar

¹⁷² Awolowo v. West African Pilot, [1962] WNLR, 29, 40Google Scholar.

¹⁷³ Tarka v. Daily Sketch [1978] 2 CCHCJ 263Google Scholar (this arose from one of the affidavit cases, see p. 159 above).

¹⁷⁴ Maskini v. Rodrigue, [1975] LRT 65Google Scholar. A Tanzanian court held qualified privilege attached to a Party newspaper for a report on the removal of a Party official: Ngungu v. Editor of Uhuru, see Mtengeti op. cit. above n. 156.

¹⁷⁵ On this see, Cottrell, “The Urban Environment and the Law of Torts in Africa” (1983) 6 Urban L & Pol. 5Google Scholar.

¹⁷⁶ Indeed, it is particularly interesting to contrast the position with that in India where there is truly little tort litigation. (This seems to be partly due to the lack of a codified system of tort law, and partly to a tradition of bringing criminal actions and claiming compensation under the Penal Code). On this, see “Affidavit of Marc S. Galanter” in Indian Law Institute, Mass Disasters and Multinational Liability: The Bhopal Case (New Delhi, 1986) p. 161Google Scholar.

¹⁷⁷ Pande, B. B., “Foreword” to Gandhi, Law of Torts (1987)Google Scholar.

¹⁷⁸ See Galanter, M., “Why the Haves Come out Ahead: Reflections on the Limits of Legal Change” (1974) J Law & Soc. 131Google Scholar.

¹⁷⁹ See Pande above, n. 178.

¹⁸⁰ There are so many cases, not adding anything to the English cases that there seems little point in citing examples. Veitch, , op. tit., gives three East African cases (pp. 48–54)Google Scholar and among the cases cited earlier in this paper Igbokwe v. UCH (n. 73) is a Nigerian example.

¹⁸¹ For an academic article on these lines see Kanywanyi, J. L., “Compulsory Motor Insurance Scheme in Tanzania: the Need for a New Approach”, [1971] 4 ENLR 35 and 91Google Scholar.

¹⁸² Odugbesan v. Ogunsanya LD[354]67 decided 9 Spring, 1970Google Scholar (unrep.), see Ezeani, A. O. N., Cases and Materials on Nigerian Law of Tort (cyclostyled, Eungu, nd), and a similar point is made (with respect to Warn rather to Lagos) in Tebite v. Nigeria Marine and Trading Co. Ltd. [1971] UILR 432Google Scholar.

¹⁸³ E.g. Ogunbayo v. Duyile [1980] Og. SLR 143Google Scholar—N50,000 for managing director called “Alhaji hoarder”.

¹⁸⁴ This comes out very clearly in, for example, Bohannan, P., Justice and Judgement among the Tiv, London, 1957Google Scholar.

¹⁸⁵ I must say I do not find Mtengeti's arguments (above n. 156) about the courts in Tanzania and their “socialist” use of defamation very convincing; the actual decisions in virtually all the cases she cites would surely have been the same anywhere else.