JOE ODEY AGI ESQ. V. FIRST CITY MONUMENT BANK PLC

ONYEKACHI A. OTISI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting at Calabar, delivered on 12th July 2010. The Appellant had filed Suit No C/236/95 seeking the following reliefs:

(a) An order compelling the Defendant to publish in one National Daily and Cross River Radio for seven days an apology and retraction of the malicious and false publication.

(b) ₦10,000,000.00 (Ten Million Naira) as exemplary and general damages for false and malicious publication against the Plaintiff.

(c) ₦5,000,000.00 (Five Million Naira) as exemplary and general damages for malicious prosecution.

In summary, the facts leading to this suit are as follows:

The Appellant, a legal practitioner, signed and undertook a guarantee on behalf of one Uma Dickson, doing business under the name and style of Uma Company Nigeria on 14/5/1991 to pay the sum of ₦1 Million only to the Respondent, then known as Co-Operative Development Bank; in t…