UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The Appellant as Claimant instituted an action against the Defendant, Ndubusi Ikem Mbanugo, as successor to Chief O.C Mbanugo (deceased), donor of a power of attorney in 1990 in Suit No. ID/197/90. At the pendency of the suit, the Honourable Judge assigned to hear the suit retired from service and the next one was transferred to another division. Subsequently, it was re-assigned to another Judge for hearing. In the meantime, the Appellant did not open his case before the advent of the High Court of Lagos (Civil Procedure) Rules, 2004. By the new Rules, the Appellant was supposed to frontload by filing necessary processes in the said suit he earlier filed.
On 19/1/2005, the Appellant commenced an action against the Respondents seeking for damages for loss or destruction of his case file in Suit No. ID/197/90. Consequently, he maliciously and defamatorily published in the Statement of Claim and vide a letter to the Administr…