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CITI BANK NIGERIA LIMITED v. MR. MARTINS IKEDIASHI

(2020) JELR 87185 (SC)

Supreme Court  •  SC.621/2015  •  24 Jan 2020  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC OLUKAYODE ARIWOOLA JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC AMIRU SANUSI JSC EJEMBI EKO JSC

Judgement

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 7th day of February, 2014 affirming the decision of the trial Court, per the Honourable Justice F. O. Atilade delivered on the 16th day of February, 2007 except as to damages. The respondent was the claimant at the trial Court whilst the appellant was the defendant.

The gist of the case goes thus:

By a writ of summons and Statement of Claim both dated 20th October, 2004, the respondent instituted an action against the appellant. In paragraph 18 of the Statement of Claim, the Claimant claims against the defendant as follows:

(a) Damages for the breach of contract in the sum of ₦10million;

(b) Damages for libel in the sum of ₦10million as per the defendant's 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 th…

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