Guaranty Trust Bank Plc V. Mr. Hussein Fadlallah (2009)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, J.C.A.

The respondent in this appeal was the plaintiff before the lower court, in the writ of summon, dated the 28th day of March, 2001, filed on the 14th day of May, 2001, he claimed as follows:-

“(1) A declaration that the purported deed of personal guarantee allegedly by the plaintiff for the full repayment of the full amount of N20,000,000.00 plus the accrued interest thereon, granted to Abdulhassan Sulaiman & Sons Limited is fictitious, fraudulent, nonexistent and therefore null and void.

(2) A declaration that the plaintiff is not indebted or liable to the defendant to the tune of N20,000,000.00 plus the accrued interest thereon or in any other sum at all, based on the purported deed of personal guarantee dated 12-01-96.

(3) A declaration that the contents of the defendant’s letter addressed to the plaintiff and dated 10th March, 1999 are frivolous, malicious and defamatory of the plaintiff.

(4) Damages in the sum of N50,000,000.00 (Fifty Million Naira) for defamation of character, mental agony and emotional stress resulting from the defendant’s frivolous claims, unlawful threats, etc. contained in its said letter of 10th March, 1999.

(5) An order of perpetual injunction restraining the defendant either by itself, servants, agents, receivers, managers, known or called from exercising any rights, powers, authority, etc. directed to or against the plaintiff or his other related business interests under or in pursuance of the purported deed of personal guarantee.

(6) An order of perpetual injunction restraining the defendant either by itself, servants, agents privies, or howsoever known or called from further publishing anything that is capable of defaming the plaintiff’s character.

(7) An order directing the defendant t make amends by tendering an unreserved written apology to the plaintiff.

(8) The Court rate interest of 10% per annum on any judgment sum from the date of judgment until full and final liquidation.

(9) The cost of filing and prosecuting this action as well as legal costs.”

Pleadings were ordered, filed and exchanged.

As the action was brought on the pleadings, it is pertinent to reproduce the pleadings of the parties that I consider relevant in determining whether evidence was led by the party in support of his case.

From a careful examination of the statement of claim contained at pages 4 – 6 of the printed record, I find the paragraphs reproduced below relevant: