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FRANCIS C. ARINZE V. FIRST BANK OF NIGERIA

(2004) JELR 56295 (SC)

Supreme Court  •  SC.82/2000  •  21 May 2004  •  Nigeria

Coram
SALIHU M. A. BELGORE, JSC (Presided and Read the Lead Judgment) UTHMAN MOHAMMED, JSC SYLVESTER UMARU ONU, JSC UMARU ATU KALGO, JSC DENNIS ONYEJIFE EDOZIE, JSC

Appearances
M. U. Ikem, Esq. - for the Appellant. -*- Chief L. M. E. Ezeofor - for the Respondent. D

Judgement

BELGORE, JSC (Delivering the Lead Judgment): The appellant, was the plaintiff at the High Court of former Anambra State sitting at Onitsha. He lost his action against the respondent bank that employed him, claiming wrongful dismissal. He claimed N250,000 as special and general damages. Among the reasons given at the trial for his dismissal were the various cases of insubordination, absenteeism and fraudulent claim for overtime while he was not even on duty. Various letters were sent to him on his misbehaviour and he chose not to reply to them and during trial he claimed not to have received any of the letters which are exhibits U, V, W, X and Y. At the end of the trial, trial Judge, Ononiba, J. (as he then was) found the appellant failed to prove his case and thereby dismissed the suit. He therefore appealed to Court of Appeal which dismissed the appeal in upholding trial court’s judgment. The appellant filed ten grounds of appeal and wrote a brief of argument to cover all the groun…

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