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BANK PHB (PLATINUM HABIB BANK) PLC v. MR. JAMES EJEMBI OKEFE

(2014) JELR 36678 (CA)

Court of Appeal  •  CA/MK/61/2011  •  11 Feb 2014  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Benue State sitting in Makurdi (hereinafter referred to as the trial Court) delivered on 15th December, 2010.

At the trial Court, the respondent as plaintiff sued the appellant as defendant "vide" a writ of summons and statement of claim filed on 9th November, 2010 and claimed against the appellant as follows:

a. The balance of my unpaid salaries/allowance from May 2007 to May 2009 i.e. N606,450.00 x 5... N15,236,250.00

b. The balance of my unpaid salaries/allowance from June 2009 to October 2010 i.e. N859,933.65 x 17...N14,610,372.00

c. Ex-gratia payment being six months of my monthly salaries/allowance i.e. N196,839.00 x 6....N5,501,034.00

GRAND TOTAL.................... N35,344,656.00

The said writ of summons and statement of claim were accompanied with an application for summary judgment, to be entered for him, pursuant to the provisions of Order 11 of th…

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