A. O. BORISHADE V. NIGERIAN BANK OF NIGERIA LTD.
(2005) JELR 45152 (CA)
Court of Appeal
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CA/PH/259/2001
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3 Mar 2005
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Nigeria
Coram
SLVANUS ADIEWERE NSOFOR JCA;
VICTOR AIMEPOMO OYELEYE OMAGE JCA;
MONICA BOLNA'AN DONGBAN-MENSEM JCA;
Appearances
I.A. Adedipe Esq; U. Oyaghiru (Mrs.)Ofalona Esq For Appellant
E.B. Ukiri Esq;M.E. Nwosuegbe andF.O. Okeri Esq For Respondent
Judgement
<p>MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A.: (Delivering the Leading Judgment): On the 24th May, 2001, the Hon. Justice, A. Acho Ogbonna of the Port Harcourt Judicial Division holden at Port Harcourt dismissed the suit of the Plaintiff/Appellant for the failure of the Plaintiff to prove his case as required by law. The learned trial Judge concluded the judgment in these terms: </p><p> "... am satisfied that the Plaintiff's dismissal is not unlawful..."</p><p> The Plaintiff, herein after referred to as the Appellant, has come before this Court seeking a reversal of the decision of the trial Court. </p><p> Briefly, the suit of the Appellant before the trial Court was for wrongful dismissal by his employee, the Respondent.</p><p> The Appellant was employed in 1980. He rose progressively through the ranks to the enviable position of a Branch Manager before his employment was terminated in 1991 at the instance of the Respondent upon some allegations of misconduct.</p><p> Before the trial Court, the Appellant sought the following…</p>