MR. P. C. N. UZONDU V. UNION BANK OF NIGERIA PLC

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Benin High Court delivered on 6th day of June 2002 by Hon. Justice A. A. AGUN wherein all the plaintiff's claims were dismissed in its entirety. Dissatisfied, the plaintiff at the lower court now appealed to this court. The facts which led to this appeal are as follows:-

The Appellant was employed as a clerk by the Respondent in 1980. He rose to become the Branch Accountant. Sometime in August 1997, it was discovered that one of the vital books of the bank did not balance. Being the Accountant, the Appellant proceeded on leave in October 1997 without balancing the books. Consequently, the Respondent lost ₦36,437,000.20. The Respondent later charged the Appellant and seven other members of staff to court for stealing. The Respondent suspended the Appellant. Later, the Appellant was dismissed by the Respondent. The Appellant then filed an action at the High Court for the …