Standard Chartered Bank Nigeria Limited V. Danjuma Ameh (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling)

Danjuma Ameh whom I shall call “the Respondent/Applicant” was on 15th day of April, 2004 offered appointment by Standard Chartered Bank Nigeria Limited as a Direct Sales Executive, Wealth Management in the Consumer Banking Unit and posted to her branch office in Abuja. Having served his employer for some years the respondent decided to try his luck at Lona Global Resources Ltd. where he was wanted as General Manager, Lagos and Southern Operations.

The arrangement could not immediately sail through because the respondent/applicant was confronted with two letters from his former employer whom I shall call “the appellant” which according to the respondent/applicant, was libelous. The respondent proceeded to the High Court of the Federal Capital Territory, Abuja and instituted a suit against the appellant on 21st May, 2008, founding his claims on libel and aggravated damages.

The learned trial Judge heard evidence and entered judgment in favour of the respondent/applicant on 5th January, 2013, holding at page 421 of the printed record as follows:

“Accordingly, judgment is hereby entered in favour of the plaintiff as against the defendant.

The sum of twenty Million Naira is awarded as aggravated damages for libel in addition to publishing of letter of apology by judgment-debtor to the judgment-creditor in order (sic) obviate the negative impact of the defamatory words.”

Aggrieved, the appellant lodged a Notice of Appeal against the judgment on 6th February, 2013. On 20th January, 2014 the appellant was granted 7 days to amend the Notice of Appeal to include additional grounds of appeal. On the 8th October, 2013 the respondent brought an application dated 6th October, 2013 seeking the following prayers:

“(i) Extending the time within which the RESPONDENT/APPLICANT should file the RESPONDENI’S NOTICE, for contending that the decision of the Court below should be affirmed on grounds other than those retied upon by that Court.

(ii) Deeming as duly filed and served the Respondent’s Notice which has been separately filed in the Registry of this Honourable Court, the appropriate filing fees having been paid.

AND for such further Order or other Orders which this Honourable Court may deem fit to make in the circumstances of this case.

Upon the hearing of this application Counsel to the RESPONDENT/APPLICANT will rely on the affidavit of AKIN AYODELE which said affidavit is attached to this motion paper.

GROUNDS UPON WHICH APPLICATION IS BROUGHT:

1. The Respondent is desirous of contending that the decision of the Court below should be affirmed on grounds other than those relied upon by that Court.
2. The time for filing the Respondent’s Notice has lapsed.
3. The delay in filing the Respondent’s Notice within the time stipulated by the rules of this Court is as a result of inadvertence of Counsel.
4. The Respondent/Applicant requires an Order of Court to file the Respondent’s Notice out of time.”

The application is supported by a 20 paragraph affidavit deposed to by AKIN AYODELE, ESQ.,one of the Counsel representing the respondent/applicant in the Court below. Accompanying the affidavit is the Notice of Appeal (Exhibit “1”) and the judgment of the Court below (Exhibit “2”). Exhibit “3” is the Respondent’s Notice to contend that the decision of the Court below should be affirmed on grounds other than those relied on by the Court below.

As objection was taken by the learned silk appearing for the appellant to the respondent’s application, the Court ordered written addresses. The respondent filed a written address on 27th November, 2013. The appellant’s written address was filed on 5th December, 2013. Upon service the respondent filed a reply on 12th December, 2013. Learned Counsel adopted their respective addresses on 20th January, 2014 when the application came up for hearing.