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W.S.N. ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna Division of the Court of Appeal delivered on 9th May, 2000.
The respondent is a customer of Trade Bank Plc., Kaduna Branch, where the appellant was a senior banker. Respondent, in the course of doing business with the said bank obtained credit to enhance his business transactions, which he later failed to repay. Upon pressure being mounted by the bank to recover the facility, respondent stated in writing that his inability to repay was due to, the fact that the appellant took part of the facility as "compulsory bribe". Appellant felt aggrieved and sued the respondent at the High Court of Kaduna State, Kaduna claiming exemplary damages, an apology and injunction for libel on the ground that the allegation was false and malicious and that the respondent knew it to be false.
The libel is alleged to have been published to the manager of Trade Bank Plc., the employer of the appe…