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UNITED BANK FOR AFRICA PLC V. DR. TUNDE DAVIES

(2011) JELR 55492 (CA)

Court of Appeal  •  CA/L/226/2006  •  26 Jan 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA (Presided) HUSSEIN MUKHTAR JCA (Read the Lead Judgment) MUHAMMED DANJUMA JCA

Judgement

MUKHTAR JCA (Delivering the Lead Judgment): Respondent who was the plaintiff commenced an action against the appellant who was the defendant in the High Court of Lagos State (hereinafter referred to as “thelower court”) by a writ of summons accompanied with a statement of claim which was later amended by an amended statement of claim dated and filed 8 February 2001. The respondent’s claim against the appellant was for the following reliefs: “(a) The sum of N10,000,000.00 (ten million naira) as damages for libel.

(b) A perpetual injunction restraining the defendant, its agents, assigns, privies or whosoever from further acts of libel against the plaintiff.”

The cause of action emanated from banker/customer relationship between the appellant and the respondent. The respondent obtained a loan facility from the appellant at its Falomo branch in 1985. The respondent’s property at Ogba, Lagos State was mortgaged to the appellant as collateral for the loan. The parties relationship was smoot…

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