- Access Bank Plc. vs. M.F.C.C.S.
- ₦ 200
Access Bank Plc. vs. M.F.C.C.S.
ACCESS BANK PLC.
MARYLAND FINANCE COMPANY AND CONSULTANCY
COURT OF APPEAL
( LAGOS DIVISION )
DALHATU ADAMU JCA (
PIUS OLAYIWOLA ADEREMI JCA (Read the Lead Judgment)
MUSA DATTIJO MUHAMMAD JCA
20TH MAY, 2004
- â€˜DARâ€™ endorsed by bank on a cheque - Meaning of
- Banker/customer relationship - Nature of
BANKING - Breach of banker/customer relationship - Measure of damages awardable
BANKING - Endorsement of the words â€œDARâ€ on cheque - Whether libelous
CONTRACT - Breach of banker/customer relationship by bank Measure of
damages awardable to customer
COURT - Assessment of damages in defamatory action - Duty on trial
COURT - Award of damages by trial court - When appellate court can
DAMAGES Defamatory action - Award of damages in a
libel suit Object of
- Action for - Assessment of damages - On what based
LIBEL - Action for - Duty of trial Judge to determine whether alleged
defamatory statement conveys a defamatory meaning
- Damages - Aim of awarding in defamatory action
LIBEL - Defamation -
Alleged defamatory statement - Duty on trial Judge to determine whether it
conveys a defamatory meaning before proceeding with hearing of suit
- Defamation - Defamatory statement - What amounts to
TORTS - Defamation - Alleged defamatory statement - Duty on trial Judge
to determine whether it conveys a defamatory meaning before proceeding with hearing
of a suit
AND PHRASES - â€˜DARâ€™ endorsed on cheque by bank
Whether the learned trial Judge was right in holding
that the plaintiff was defamed by the defendant and that the defamatory
substance was actuated by malice.
Whether the amount of damages awarded by the learned
trial Judge was excessive in the circumstance.
plaintiff/respondent at the lower court claimed from the defendant/appellant
the sum of N5,000,000.00 (five million naira) as damages for libelous
endorsement by the defendant/appellant on a cheque issued by the
plaintiff/respondent on the 25th of November, 1992 in favour of Emotype Ltd.
exchanged by the parties and the case proceeded to trial, at the end of which
written addresses were filed in the court and exchanged between parties upon
the order of the trial Judge.
On 16th July,
1991, the trial Judge delivered judgment and found for the plaintiff/respondent
and awarded it N1,500,000.00 (one million, five hundred thousand naira) as
damages, with N5,000.00 (five thousand naira) costs against the
defendant/appellant, who being dissatisfied with the judgment has appealed to
the Court of Appeal.