MR. EMMANUEL AGBANELO (TRADING IN THE NAME AND STYLE OF EPACO NIGERIA COMPANY) V. UNION BANK OF NIGERIA PLC

AYOOLA, JSC. (Delivering the Lead Judgment): This is an appeal from the decision of the Court of Appeal (Akintan, Nsofor and Ige, JJCA) dismissing the appellant’s appeal from a decision of the High Court of what was known as Bendel State. The appellant, Mr. Emmanuel Agbanelo, is referred to as “Plaintiff” in this judgment. The Respondent, Union Bank of Nigeria Limited, is also referred to as “the defendant’ in this judgment. In the High Court of Bendel State (as it then was) holden at Warri (now in the Delta State), the Plaintiff sued the Defendant, claiming as contained in the Further Amended Statement of claim which superseded his Writ of Summons “general and special damages for (the) dishonoured cheque” and damages for libel. The Plaintiff, in paragraph 32 of the Further Amended Statement of Claim, itemised the losses he suffered as loss of profit and loss of trade as distributor. However, these are not by themselves causes of action. Having regard to paragraph 29 of the Statemen…