Coker v Nwakanma
The Defendant published a defamatory statement to his sister, but proved on the balance of probabilities that the Claimant committed a serious sexual assault, thus establishing the truth defence and defeating the libel claim.
- Parties
- Claimant: Akintunde Coker; Defendant: Samson Nwakanma
- Jurisdiction
- England and Wales
- Judgment Date
- 23 April 2021
- Procedural Posture
- Libel / Final Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Libel, Truth Defence, Serious Harm, Publication, Social Media Defamation
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Parties
Akintunde Coker
Claimant
Samson Nwakanma
Defendant
Procedural Posture
Libel / Final Judgment After Trial
Legal Issues
- 1 Whether the Defendant published defamatory statements about the Claimant to third parties
- 2 Whether the statements referred to the Claimant and were defamatory
- 3 Whether the publication caused or was likely to cause serious harm to the Claimant's reputation
Ratio Decidendi
The Defendant published a defamatory statement to his sister, but proved on the balance of probabilities that the Claimant committed a serious sexual assault, thus establishing the truth defence and defeating the libel claim.
Court Disposition
Claim dismissed
Orders
- Claim for libel dismissed
- Defendant's counterclaim dismissed by agreement as sanction for procedural non-compliance
Full Case Text
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