Joe Odey Agi Esq. V. First City Monument Bank Plc (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Cross River State sitting at Calabar, delivered on 12th July 2010. The Appellant had filed Suit No C/236/95 seeking the following reliefs:

(a) An order compelling the Defendant to publish in one National Daily and Cross River Radio for seven days an apology and retraction of the malicious and false publication.

(b) N10,000,000.00 (Ten Million Naira) as exemplary and general damages for false and malicious publication against the Plaintiff.

(c) N5, 000,000.00 (Five Million Naira) as exemplary and general damages for malicious prosecution.

In summary, the facts leading to this suit are as follows:

The Appellant, a legal practitioner, signed and undertook a guarantee on behalf of one Uma Dickson, doing business under the name and style of Uma Company Nigeria on 14/5/1991 to pay the sum of N1 Million only to the Respondent, then known as Co-Operative Development Bank; in the event of a default of repayment of the proposed loan to be given to Mr. Uma Dickson. One Dr. Adeyemi had also guaranteed the same loan as the second guarantor. After the conditions for the proposed loan had been signed and the guarantee agreement executed by the Appellant, the Respondent wrote Mr. Uma, rejecting his application for the loan. The Respondent returned the title deeds intended as security for the loan, but held on to the guarantee agreement.

The Appellant was shocked and embarrassed to receive a letter dated 23/4/1992, Exhibit 5, from the Respondent requesting him to offset his liability to the Respondent in respect of the guarantee agreement executed on 14/5/1991.

The Appellant wrote the Respondent, repudiating liability, with a caution, warning them of the danger of damaging his name. Mr. Uma Dickson also wrote the Respondent on 11/6/1992, Exhibit 6, reminding them that the subsequent overdraft facility granted to him was secured by his fixed deposit account with them. The Respondent however proceeded to represent to the Public Fund and Property Recovery Tribunal that the Appellant was its debtor, causing the Cross River State Radio to publish the following words concerning the Appellant:

The following debtor customers of the First City Monument Bank Plc are hereby summoned to appear before the Public Property and Recovery Tribunal on 20th October, 1994 at 9.00 a.m. prompt… Barrister Joe Odey-Agi – amount due N1, 000,000.00 (One Million Naira)…..

The announcements were made repeatedly for a week and subsequently the Appellant was served summons to appear before the Tribunal, which he did. He raised a preliminary objection, upon which the matter was adjourned for settlement.

The Appellant’s complaint is that he was disparaged and embarrassed by the said announcement. After the Tribunal struck out the suit, his Solicitors wrote the Respondent demanding for an apology to clear his name. The Respondent failed to tender the apology or retrieve the said publication, hence the suit instituted by the Appellant.

At the conclusion of the hearing, the trial court dismissed the Appellant’s suit. The Appellant, being dissatisfied with the judgment, filed this appeal.

In the Notice of Appeal filed on 11/10/2010, the Appellant raised two Grounds of Appeal and, sought an Order, setting aside the Judgment of the lower court; and, entering judgment in his favour.