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BENEDICT HIRKI JOSEPH V. FIRST INLAND BANK NIG PLC

(2009) JELR 49024 (CA)

Court of Appeal  •  CA/A/240/2008  •  5 May 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; UWANI MUSA ABBA AJI JCA; JIMI OLUKAYODE BADA JCA;

Judgement

UWANI MUSA ABBA-AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Honourable Justice M.M. Dodo of the High Court of the Federal Capital Territory, Abuja, delivered on the 14th of January, 2008, whereby the learned trial judge dismissed the reliefs sought by the Plaintiff/Appellant.

The Appellant's claim, as per his Statement of Claim at the lower court was for:-

1. A declaration that the plaintiffs dismissal on the ground of fraud as contained in the Defendant's letter dated 21st July 2005 is wrongful null and void.

2. An order setting aside the Defendant's letter dated 21st July, 2005, dismissing the plaintiff from the Defendant's organisation on the ground that the letter infringed on the plaintiff's right as contained in the Defendant's condition of service.

The facts of the Appellant's case as can be gleaned from the pleadings and evidence adduced was that, in 2001, the defunct Inland Bank Nigeria Plc, entered into a contract of employment wi…

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