Zenith Bank Plc & Anor. V. Chief Dennis Ekereuwem & Anor. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

The Appellants were the defendants in Suit No. HEK/80/2006 at the Eket Division of the High court of Akwa Ibom State. The Respondents commenced the action through the Writ of Summons and Statement of Claim dated 28th June, 2006 wherein they claimed as follows:

“1. A declaration that the acts of the Defendants through their staff and agents in invading the private residence of the plaintiffs, assaulting and battering the 1st Plaintiff and damaging his properties are unlawful and constitute trespass to person and property.

2. One million five hundred thousand naira (N1, 500, 000.00) in special damages, being cost of repair and replacement of damaged ornamental glass windows, plastic chairs and seats at the 1st plaintiff’s residence by the Defendants.

3. Fifty million naira (N50, 000,000.00) in general damages for assault, battery and trespass to property.

4. A declaration that the Statement of the 2nd Defendant to wit:

“Look at this thief. He used our money to build house; useless man. you married a white woman now you cannot maintain her, She has drained and you now take to stealing,” and

“You harlot, you are married to a thief”, published of and concerning the 1st and 2nd plaintiffs respectively, have lowered the reputation of the 1st and 2nd Plaintiffs in the estimation of right thinking members of the public generally and constitute slander.

5. Fifty million naira (N50,000, 000.00) in general damages for defamation.”

In their Amended statement of Defence and counter claim, the appellants by way of Counter claim sought N40, 013,000 as special damages in the following terms:

(a) Cost of one designer shirt ripped by 1st plaintiff’s dogs- N8, 000.00

(b) Loss of profit from transaction – 8 million yearly x 5 years = N40, 000, 000.00.

(c) Penalty for late pick up of ward from school – N5, 000.00.

Another N65, 000, 000.00 was also claimed as exemplary and general damages for false imprisonment, assault and battery, emotional trauma and loss of anticipated profit.