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BELGORE, J.S.C. (Delivering the Leading Judgment): The plaintiff/respondent was employed in 1957 as a clerk by the defendant/appellant. He rose after many courses organised by the bank to become an assistant manager. On 30th January 1984, he received a letter of dismissal with effect from 24th January, 1984. Respondent then sued and got judgment in default of appearance of the appellant, as defendant, whereby trial court took the evidence of the plaintiff only. An application to set aside the judgment was refused by trial court. However on appeal the Court of Appeal set aside the judgment and ordered a retrial by another Judge of Kaduna High Court.
At the first trial, the respondent's claim (as plaintiff ) was for special damages as follows:
(a) Plaintiff's gratuity for 26 years commencing from 1957 when he was employed by the defendant up to the date of dismissal....................... N29 ,387 .00
(b) Plaintiff's gratuity for 9 years commencing from the date of dismissal up to the …