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FIDELITY BANK PLC V. MR. AFAMEFUNA MBACHU

(2011) JELR 51954 (CA)

Court of Appeal  •  CA/L/603/2009  •  31 Jan 2011  •  Nigeria

Coram
CLARA B. OGUNBIYI JCA (Presided and Read the Lead Judgment) HUSSEIN MUKHTAR JCA MOHAMMED AMBI-USI DANJUMA JCA

Appearances
F. E. Obumse- for Appellant. -*- Mr. Obiora A. Egwuatu (with him, U. Nwadialo (Miss) and K. Ojukwu) - for the Respondent.

Judgement

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Lagos State delivered in suit No. LD/136/2007 on 7 October 2008. Being aggrieved by the said decision, the appellant herein filed notice and grounds of appeal dated and filed on 31 October 2008.

The summary of the facts was that by a writ of summons and statement of claim dated and filed on 7 February 2007, the claimant who had worked for the appellant for about fifteen (15) years, claimed against the defendant/appellant as follows:

“The sum of N10,967,588.70k (ten million, nine hundred and sixty-seven thousand, five hundred and eighty-eight naira, seventy kobo) being the principal sum consisting of the net amount payableto the claimant asentitlement/terminal benefits.

(b) Interest on the principal sum of N10,967,588.70k (ten million, nine hundred and sixty-seven thousand, five hundred and eighty-eight naira, seventy kobo) at the rate of 21% per annum from the 19 December 2005 until…

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