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NMB PLC. V. ONABOLU

(1999) JELR 70434 (CA)

Court of Appeal  •  8 Jul 1999  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE. J.C.A. (Presided), PIUS OLAYIWOLA ADEREMI, J.C.A., AMIRU SANUSI, J.C.A. (Read the Leading Judgment)

Appearances
Olaniwun Ajayi - for the Appellant O.A. Akomolafe - for the Respondent

Judgement

SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Lagos High Court (Curam F.O. Owobiyi J.) delivered on 14th May 1997. The Respondent who is Plaintiff in the court below sued the Appellant/Defendant in the Court below for wrongful dismissal from its service as Senior Manager. The main claim of the Respondent against the Appellant bank as per the Amended Statement of Claim is for:

"A declaration that the dismissal by the Defendant of the Plaintiff from her office of Senior Manager was wrongful unjust, discriminatory, a denial of her right to a fair hearing and therefore null and void and of no effect."

The Appellant/Defendant on the other hand denied that the summary dismissal of the Respondent/Plaintiff was wrongful and instead alleged that such dismissal was justified because of Plaintiff's gross negligence. It went on to aver in the Amended Statement of Defence inter alia that:

"The Defendant shall rely at the trial on the register of inter b…

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