CORAM

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IBRAHIM TANKO MUHAMMAD,, JUSTICE SUUPREME COURT

U. MOHAMMED

PIUS OLAYIWOLA ADEREMI JUSTICE SUUPREME COURT

MUHAMMAD SAIFULLAH M. COOMASSIE, JSC (Lead Judgment), JUSTICE SUUPREME COURT

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PARTIES

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EMMANUEL AGBANELO APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The defendant issued a bank draft at the request of the plaintiff which was returned unpaid upon presentation with the endorsement 1st signature irregular. The plaintiff instituted action for libel and negligence which was dismissed by the lower courts.

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HELD

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The court dismissed the appeal with respect to libel but held that the defendant was negligent and referred the question of damages to the High Court. ?

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ISSUES

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whether having regard to the context in which the statement was made and published defamatory imputation should have been foundWhether the High Court and the Court below were right in treating branches of the Union Bank Nigeria Limited as separate entities and in regarding the Warri Branch of the Bank, rather than the bank itself, as their defendant in the case;Whether the court below was right in determining whether the action was properly constituted when no such issue arose either at the trial or on the appeal, and, Whether the dismissal by the High Court of the claim for negligence was rightly upheld by the court below.?

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RATIONES DECIDENDI

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THE COURT MUST BE SURE OF THE NATURE OF CLAIM BEFORE ASSESSING DAMAGES

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Before a court can commence a meaningful assessment of damages, it must be sure of the nature of the claim, that is to say, whether the claim is in contract or in tort, and, if in tort the nature of the wrong alleged – Ayoola J.S.C

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CASES CITED

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Okolo v. Midwest Newspaper Corporation AND Ors. (1977) NSCC. 11, Okafor v. Ikeanyi (1979) Vol. 12 NSCC. 43Salanger United Rubber EstatesLtd. v. Cradock (No. 3) (1968) 2 All ER 1073

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STATUTES REFERRED TO

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None.

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