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MR. PETER YUSEFUL ONUMINYA V. ACCESS BANK PLC

(2014) JELR 41480 (CA)

Court of Appeal  •  CA/L/706/2010  •  14 Mar 2014  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Appearances
Morenike Obi-Farinde (Mrs.) with A. Onasile Esq. For Appellant Olaoluwa E. Ale-Daniel Esq. with N. Ugbo Esq. and R. Okafor Esq. For Respondent

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Appellant herein as Claimant commenced this suit against the Respondent as Defendant by writ of summons in the High Court of Lagos Ikeja Judicial Division claiming in his amended statement of claim as follows:

(a) That the letter of resignation dated 30th May, 1996 was forced on the plaintiff and therefore forms a basis of a new contract for either a continuation or a withdrawal of services of the plaintiff for which he is entitled to compensation as claimed hereunder.

(b) A declaration that the Board having accepted the condition for the forced resignation as stated in the letter and approved at the Board meeting of 3rd June 1996 must pay compensation as claimed hereunder.

(c) A declaration that the plaintiff on leaving the services of the Defendant under forced resignation should pay only 10% of the cost or the book value for the 2 motor vehicles and cellular telephone No. 090460764 being converted by NITEL to NIT…

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