CITIBANK NIGERIA LTD
V.
IKEDIASHI

(2014) JELR 40103 (CA)

Court of Appeal · CA/L/556/2008 · 7 Feb 2014 · Nigeria

CORAM

AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

respondent

appellant

damages

cheque

account

breach of contract

counsel

lower court

learned trial judge

nominal damages

defence of qualified privilege

trial court

exhibit c

issues

award of damages

learned counsel

respondents account

said cheque

award of the sum

circumstance of this case

costs of the defendants application

cross-examination

date of dispatch

dishonored cheque

judgment sum

statement of claim

statement of defence

banker holds

bank uba plc

current account

due regard

dw1-dw3

evidence exhibits

following facts

given period

judgment of the high court of lagos state

leading judgment

libelous party

notice of any such closure of his account

notice of appeal

notice of the said closure

order of the trial court

registered post

respondents case

rules of this court

said amended statement of defence

said endorsement

stanley u.k. learned counsel

trial of the case

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.

(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…

CITIBANK NIGERIA LTD V. IKEDIASHI

CITIBANK NIGERIA LTD
V.
IKEDIASHI