SAMUEL CHUKWUDUMEBI OSEJI, JCA (Delivering The Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered by Hon. Justice F. A. Atilade on the 16th day of February 2007 in suit No.LD/1847/2004.
The appellant herein was the defendant in the trial court while the Respondent was the claimant who by a writ of summons and statement of claim dated 20-10-2004 claimed against the defendant (now appellant as follows:-
(a) "Damages for breach of contract in the sum of ₦10 million.
(b) Damages for libel in the sum of ₦10 million as the defendants published defamation vide the cheque dated 14th November, 2003 on which the word "account closed" was written.
(c) A full apology from the defendant to the claimant.
(d) Interest on the judgment sum at the rate of 10% per annum till final payment thereof."
The appellant (as defendant) responded by filing a statement of defence dated 31-3-2005 but was subsequently amended pursuant to an order of the trial court gran…