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AFRICAN CONTINENTAL BANK PLC V. BENEDICT O. NBISIKE

(1995) JELR 41513 (CA)

Court of Appeal  •  CA/E/174/88  •  13 Jul 1995  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA RAPHAEL OLUFEMI ROWLAND JCA MORONKEJI OMOTAYO ONALAJA JCA

Appearances
B. C. Ofoegbu, Esq. For the Appellant; C. M. I. Egole, Esq. For the Respondent.

Judgement

EDOZIE, J.C.A. (Delivering the Leading Judgment): This appeal relates to unlawful dismissal from employment. In suit No.HOR/4/86, in the Orlu High Court, the respondent as plaintiff sued the appellant bank, the defendant in the court below. The claim was for a total sum of N500,000.00 as general and special damages for wrongful dismissal from employment. Pleadings were ordered, duly filed and exchanged and with leave subsequently amended with the pleadings terminating in a further amended statement of claim and a further amended statement of defence to be referred to simply as statement of claim and statement of defence respectively. From the pleadings and evidence of witnesses, two each for the parties, the facts of the case may be summarised as hereunder:-

On 15/5/78, the respondent was offered an employment as a clerk by the appellant bank. He accepted the offer and assumed duty on 1/7/78. The initial salary was N1,162 per annum which by annual increment rose to N2,282 per annum in…

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