Coker v Nwakanma

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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Parties

Akintunde Coker

Claimant

Samson Nwakanma

Defendant

Procedural Posture

Libel / Final Judgment After Trial

  1. 1 Whether the Defendant published defamatory statements about the Claimant to third parties
  2. 2 Whether the statements referred to the Claimant and were defamatory
  3. 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