ADEREMI, J.C.A. (Delivering the Leading Judgment): The appeal here is against the judgment of the High Court of Lagos State, sitting in Lagos, delivered on the 16th of July, 1999.
Briefly, the facts of the case are as follows - the respondent who was the plaintiff before the court below had caused a writ of summons to be issued out against the appellant, who was the defendant in that court claiming the sum of N5,000,000.00 (five million naira) being damages for libellous endorsement by the defendant/appellant on a cheque issued by the plaintiff/respondent on the 25th day of November, 1992, in favour of Emotype Limited. Pleadings in terms of amended statement of claim (with leave), statement of defence and amended reply (with the leave of court) were filed and exchanged between the parties. The case thereafter, proceeded to trial at the end of which written addresses were filed in the court upon the order of the trial Judge and exchanged between the parties. In a considered judgment de…