Facts:

The respondent who was a customer of the Kaduna branch of Trade Bank Plc was the defendant to the suit of the appellant, who was a senior officer of the bank. The respondent obtained a loan from the bank but was unable to repay. The bank put pressure on him to pay; in response, he wrote a letter to the bank’s manager explaining that his inability to repay was because Mr. Mamman (the appellant) a senior bank officer, took part of the money as a “compulsory bribe”.

The appellant, alleging libel, sued the respondent, claiming exemplary damages, an apology, and an injunction against repetition. The respondent admitted in his statement of defence to making or authorizing the offending publication but denied that the words were published out of malice or spite; true in fact and published on a privileged occasion. There was no reply to the statement of defence. Relying substantially on facts elicited during cross-examination but which were not pleaded, the trial court, however, gave judgment for the appellant against the respondent who appealed successfully to the Court of Appeal.