Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2014) JELR 40103 (CA)    

Court of Appeal  ·  CA/L/556/2008 ·  7 Feb 2014 ·  Nigeria
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
breach of contract
lower court
learned trial judge
nominal damages
defence of qualified privilege
trial court
exhibit c
award of damages
learned counsel
respondents account
said cheque
award of the sum
circumstance of this case
costs of the defendants application
date of dispatch
dishonored cheque
judgment sum
statement of claim
statement of defence
banker holds
bank uba plc
current account
due regard
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.

(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…

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