Mr. Ola Wale Sonibare V. Mr. C. S. Soleye (2009)

LAWGLOBAL HUB Lead Judgment Report

A. OGUNTADE, J.S.C.

The appellant, as plaintiff instituted an action against the respondent claiming the sum of Seventeen thousand, five hundred Naira being professional fees for services rendered to the respondent as a legal practitioner. The respondent in reaction filed a statement of defence and counterclaim which reads thus:

“(i) N7 Million (Seven Million Naira) general damages for inducing and procuring the termination of the Defendant’s employment by the United Bank for Africa Plc.

(ii) N3 Million (Three Million Naira) general damages for libel contained in a letter dated the 13th of March 1996 written and published by the Defendant.

(iii) An injunction restraining the Defendant himself or otherwise from further publishing he said (sic) or any similar libel of and concerning the Plaintiff.”

The trial judge Arasi J. on 26/7/99 in his judgment dismissed both the appellant’s claim and the respondent’s counterclaim. The respondent was dissatisfied with the judgment of the trial court dismissing his counter-claim. He brought an appeal against it before the Court of Appeal sitting at Ibadan (hereinafter called the ‘court below’). In its judgment on 16-04-03, the court below allowed the appeal and awarded to the respondent the sum of three million Naira (N3million) as damages. Dissatisfied with the judgment of the court below, the appellant has brought this final appeal before this Court. In the appellant’s brief filed before this Court, two issues were identified as arising for determination in the appeal, namely:

“(a) Was the Court of Appeal correct in holding that the Exhibit D4 was written by the appellant to the Respondent’s former employer with the intention of causing the termination of the Respondent’s appointment and that it was Exhibit D4 that indeed caused the termination of the Respondent’s appointment. (In relation to Grounds 1 & 2).

(b) Whether by the State of pleadings and evidence adduced, the award of N3 million damages is justified in law. (In relation to Grounds 3, 4 and 5).”

“The appeal came before us for hearing on 13-01-09. Mr. Olalekan Ojo of counsel for the appellant adopted his written brief and urged the court to allow the appeal. Mr. C. O. Aduroja, counsel for the respondent similarly adopted his brief and urged the court to dismiss the appeal.

At the end of these formalities, I pointed out to counsel the necessity to consider an amicable settlement as the main issue in the appeal revolved around the quantum of damages awarded by the court below. In the exchange of suggestions from counsel that followed, it became apparent that whilst appellant’s counsel was willing to have the damages against the appellant reduced to about N750,000.00, the respondent prayed us to award Nl.5m. In the end counsel agreed to leave the matter in the hands of the court.

I have considered the issues raised and the necessity to award only such damages as meet the justice of this dispute. It is my view that a reduction of damages awarded in favour of the respondent from N3 million would meet the justice of this matter.

Judgment is accordingly given in favour of the respondent for One million Naira. There will be costs assessed at N50,000.00 in respondent’s favour against the appellant.

SC.221/2003