This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 7th day of February, 2014 affirming the decision of the trial Court, per the Honourable Justice F. O. Atilade delivered on the 16th day of February, 2007 except as to damages. The respondent was the claimant at the trial Court whilst the appellant was the defendant.

The gist of the case goes thus: By a writ of summons and Statement of Claim both dated 20th October, 2004, the respondent instituted an action against the appellant. In paragraph 18 of the Statement of Claim, the Claimant claims against the defendant as follows:

The appellant as defendant in response filed a Statement of Defence dated 31/08/2005 which was subsequently amended pursuant to an Order of Court so to do granted on 06/11/2006.

The respondents case as Claimant was that he operated a current account with the appellant and on 14th November, 2003 while the said account was still in credit, he issued a cheque in the sum of thirty thousand Naira (N30,000.00) in favour of one Dr. T. A. Bashorun. The said cheque was subsequently presented for payment by Dr. Bashorun to his bank - United Bank for Africa Plc for payment but the cheque was returned unpaid with the words ACCOUNT CLOSED endorsed on it.

The respondent had contended that the said endorsement on the cheque is not only a breach of contract but also libelous having been published to Dr. T. A. Bashorun and the staff of the UBA Plc when in fact he was not given notice of any such closure of his account with the appellant.

On the other hand, the appellants case was that the endorsement on the cheque which the respondent was complaining about was premised on the fact that the respondents account with it had earlier been closed and the notice of the said closure given to the respondent via a letter sent through a Registered post as contained in the agreement.

At the trial, which commenced on the 2nd day of May, 2005, the respondent (as claimant) testified and called one other witness. Four documents were tendered, admitted and marked Exhibits A-D. The appellant in its defence called three witnesses as DW1-DW3 and tendered couple of documents which were admitted and marked Exhibits W-K respectively.

In its reserved considered judgment, the trial Court gave judgment for the respondent. The Court, inter alia, held as follows: It is in the light of the foregoing that I hereby enter judgment for the Claimant against the Defendant for damages in the sum of N2million comprising both nominal damages and damages in respect of the defendants liability for the libelous statement against the Claimant. It is further ordered that the defendant pays to the Claimant the sum of N200,000 as costs of litigating this suit and N2,000 costs of the defendants application dated the 18th October, 2006 respectively.

Being aggrieved, the appellant appealed to the Court below on five grounds. The appeal succeeded in part as pertains the amount awarded as damages and costs. The judgment of the trial Court was affirmed except as it relates to the award of damages in the sum of N2million and costs of N200,000 which was set aside.

The appellant was further aggrieved with the judgment of the Court below and has appealed to this Court