ACB LTD.
V.
UFONDU

(1997) JELR 45380 (CA)    

Court of Appeal  ·  CA/J/68/94 ·  29 May 1997 ·  Nigeria
 · 
Other Citations
A.C.B. Ltd. v. Ufondu (1997) 10 NWLR (Pt.523)
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibit q
status of a branch manager of the defendant
leading judgment
unauthorized loans
grant of such excess
plaintiff
examination of the letter exhibit
maiduguri high court
dismissal of plaintiff
general damages of n100,000.00
judgment of the lower court
branch manager
trial judge
discretionary lending powers
prior approval of the defendant
defendant
day of judgment
arrears of salary
convenient starting point
circumstances of this case
lower court
flagrant disregard of the defendant
grant of unauthorized loans
learned trial judge
unauthorized overdrafts
gross misconduct
date of his suspension
consideration of the first issue
head office
circular exhibit
terms of exhibit y article
relevant part of the reply
maiduguri branch
suit no. m
specific performance of a contract of personal service
arrears of salary of n10,318.00 p.a.
draft of the lead judgment
amended notice of appeal
view of the recent development
returns of overdraft accounts
balance of his salary
following orders
total unauthorized overdraft of n210,744.26
wrongful dismissal
unauthorized lending habit

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The respondent was the plaintiff before the Maiduguri High Court in suit No. M/9/86 and the appellant the defendant. The appellant (hereinafter referred to as the defendant) is a banking organization. It employed the plaintiff. The plaintiff later rose to the status of a branch manager of the defendant's Maiduguri branch. While he was a branch manager, the plaintiff granted loans and advances to some customers. The loans and advances were unauthorized in the sense that the plaintiff had not obtained the prior approval of the defendant before granting them. The issue that loomed large at the trial was whether the circumstances in which the plaintiff granted these unauthorized loans qualified to be classified as a flagrant disregard of the defendant's instructions to its staff on lending as to amount to misconduct justifying the dismissal of plaintiff from the defendant's employment. The plaintiff admitted that he granted the unauthori…

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