Appellants had an account with the 1st respondent’s Port Harcourt branch headed by the 2nd respondent from which they issued a cheque for N162.45 dated 30/7/84.

The cheque was returned unpaid marked DAR. Appellants sued for general damages of N1million for libel.

Respondents raised the defence of justification contending that the current account of the appellants on which the returned cheque was drawn had been effectively and properly closed.

The Court found that the appellants were libeled and awarded N25,000.00 (twenty five thousand Naira) as damages in favour of the appellants.

Respondents appealed to the Court of appeal which reversed the High Court’s judgment and dismissed the appellant’s claim.

Dissatisfied, the appellants appealed to the Supreme Court.