Judgment
MOHAMMED LAWAL ABUBAKAR, J.C.A. (Delivering the Leading Judgment): The appeal emanates from the judgment of Adamawa State High Court of Justice, Yola delivered by Hon. Justice, Abdul-Azeez Waziri in Suit No: ADSY/35/2017 on the 18th August, 2020. The Appellant sorely aggrieved with the said judgment filed an appeal on the 31st August, 2020 via Notice of Appeal available at pages 177–183 of the Record of appeal. The Appellant was served with the Record of Appeal on the 19th October, 2020 which necessitates the filing of this Brief of Argument.
On the 6th March, 2017, the Respondents through their solicitor I. B. Ismail & Associates wrote a demand letter to the appellant alleging that the Appellant sold a fake contract to them and the said demand letter was copied to Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crime Commission (EFCC) see pages 71–74 of the Record of Appeal. The Appellant through his solicitor Messrs A. A. Jatau & Co. on the 9th March, 2017 wrote a reply letter to the Respondents through their solicitor demanding for an unconditional apology.
See pages 76–77 of the Record of Appeal. Upon the failure of the Respondents to comply with the Appellant’s letter dated 9th March, 2017, the Appellant by way of wit of summons commenced an action against the Respondents at the Adamawa State High Court of Justice No. 3 Yola claiming the following reliefs:- a. A declaration that there is no existing contract of Sale or any other Contract between the Plaintiff and the Defendants. b.
A declaration that the act of publication of the defendant’s letter dated 6th March, 2017 via their Solicitor to Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crime Commission (EFCC) constitute defamation of the Plaintiff’s character. c. The sum of Five Million Naira (N5,000,000.00) only as general damages. d. The sum of Two Million Naira (N2,000,000.00) only as punitive damages. e. Cost of Litigation. See Appellant’s Amended Writ of Summons available at pages 58–59 of the Record of Appeal.
The Respondents on the other hand, filed a counterclaim against the Appellant claiming the following reliefs:- a. The sum of N3,100,000 Three Million, One Hundred Thousand Naira) only being the balance of the money received by the respondents regarding the failed contract. b. The sum of N1,500,000 (One Million, Five Hundred Thousand Naira) only as general damages. c. The sum of N1,500,000 (One Million, Five Hundred Thousand Naira) Only as expenses incurred by the Counter-Claimants in their effort to recover the said sum counter-claimed. d. Cost of filing this Counter claim.
