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A. O. BORISHADE V. NIGERIAN BANK OF NIGERIA LTD.

(2005) JELR 45152 (CA)

Court of Appeal  •  CA/PH/259/2001  •  3 Mar 2005  •  Nigeria

Coram
SLVANUS ADIEWERE NSOFOR JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; MONICA BOLNA'AN DONGBAN-MENSEM JCA;

Judgement

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:

"... am satisfied that the Plaintiff's dismissal is not unlawful..."

The Plaintiff, herein after referred to as the Appellant, has come before this Court seeking a reversal of the decision of the trial Court.

Briefly, the suit of the Appellant before the trial Court was for wrongful dismissal by his employee, the Respondent.

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.

Before the trial Court, the Appellant sought the following…

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