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UNION BANK OF NIGERIA v. JOHN D. NWACHUKWU

(2000) JELR 41831 (CA)

Court of Appeal  •  CA/PH/179/96  •  6 Apr 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA;

Judgement

MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading Judgment): The action that gave rise to this appeal was instituted by the plaintiff in 1994. The claim as contained in the statement of claim is as follows: -

(i) A declaration that the suspension and subsequent purported plaintiff resignation of the from Defendant Bank's services as contained in the letter of resignation dared 23/1/90 and signed by the plaintiff is wrongful, null and void ab initio and of no legal consequences in that the purported resignation was done under duress.

(ii) A declaration that considering the circumstances of the issue of the cheque for N38,800.00 the plaintiff is nor guilty of any wrong doing.

(iii) A declaration that the plaintiff is enployment with the Defendant Bank is still subsisting.

(iv) An order that the plaintiff be reinstated to his post as a Clerk paid arrears of salaries and allowances from the date of the wrongful suspension from duty ALTERNATIVELY TO RELIEFS (iii) and (iv) N500,0…

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