JOE ODEY AGI ESQ. V. FIRST CITY MONUMENT BANK PLC
(2013) JELR 35716 (CA)
Court of Appeal
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CA/C/19/2011
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9 May 2013
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Nigeria
Coram
UZO I. NDUKWE-ANYANWU JCA;
JOSEPH TINE TUR JCA;
ONYEKACHI A. OTISI JCA;
Appearances
Mohammed Shuai'bu Esq. For Appellant
Dr. J.A. Dodo For Respondent
Judgement
<p><strong>ONYEKACHI A. OTISI, JCA (Delivering the Leading Judgment): </strong>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:</p><p> (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.</p><p> (b) ₦10,000,000.00 (Ten Million Naira) as exemplary and general damages for false and malicious publication against the Plaintiff.</p><p> (c) ₦5,000,000.00 (Five Million Naira) as exemplary and general damages for malicious prosecution.</p><p> In summary, the facts leading to this suit are as follows:</p><p> 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…</p>