This is an appeal against the judgment of the Kaduna Division of the Court of Appeal delivered on 9th May, 2000.

The Respondent is a customer of Trade Bank Plc, Kaduna branch where the Appellant was a senior banker. Respondent, in the course of doing business with the said bank obtained credit to enhance his business transactions, which he later failed to repay, Upon pressure being mounted by the bank to recover the facility Respondent stated in writing that his inability to repay was due to the fact that the Appellant took part of the facility as "compulsory bribe". Appellant felt aggrieved and sued the Respondent at the High Court of Kaduna State, Kaduna claiming exemplary damages, an apology and injunction for libel on the ground that the allegation was false and malicious and that the Respondent knew it to be false.

The libel is alleged to have been published to the Manager of Trade Bank Plc the employer of the Appellant. The Respondent in his defence admitted making or authorizing the said publications but denied that the words were published out of malice or spite but that the words were true in fact and were published on a privileged occasion.

There was no reply to the statement of defence since an application for extension of time to file one after evidence had been concluded and the Defendant's counsel addressed the Court, was refused by the learned trial Judge in a ruling delivered on 18th December 1995. The trial Court however, gave judgment in favour of the Appellant resulting in an appeal by the Respondent to the Court of Appeal, which set aside the judgment of the trial Court. The present appeal is against that judgment.

It is pertinent to mention the fact that after the Respondent had appealed to the Court of Appeal, Appellant attempted to amend his statement of claim which application was refused by the Court of Appeal on the ground, inter alia, that it was too late in the day to allow same. That apart, some of Respondent's grounds of appeal were on the issues which the amendments sought to remedy.