IDIGBE JSC (Delivering the Lead Judgment): The question in this appeal is whether theappellant is entitled to substantial damages for dishonour of her cheque by the respondents without any allegation, in her pleadings, of special or actual damage flowing from such dishonour of the cheque and proof of the same? The appellant who is a barrister and also enrolled as a solicitor of the Supreme Court of Nigeria was, at all times material to the proceedings in the case in hand, actively engaged in practice as a solicitor in the Metropolis of Lagos.
The facts which appear, from the record, not to be in dispute are as follows: the appellant operates two banking accounts with the respondents; one in her private and personal capacity at the Marina Lagos Branch of the respondents’ company and the other her practice and clients’ account, at 40 Balogun Street, Lagos Branch of the said company. On 6 January 1972, appellant drew a cheque on 40 Balogun Street Branch of the respondents for £20 (twenty …