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ACB PLC
V.
NBISIKE

(1995) JELR 41513 (CA)

Court of Appeal 13 Jul 1995 Nigeria
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- The plaintiff/respondent, a clerk with the appellant bank, was summarily dismissed for gross misconduct relating to unauthorized crediting of excess interest to his account and proceeding on study leave without approval. - The plaintiff's

Case Details

Suit Number:CA/E/174/88
Judges:DENNIS ONYEJIFE EDOZIE JCA RAPHAEL OLUFEMI ROWLAND JCA MORONKEJI OMOTAYO ONALAJA JCA
Counsel:B. C. Ofoegbu, Esq. For the Appellant; C. M. I. Egole, Esq. For the Respondent.
Other Citations:A.C.B. Plc. v. Nbisike (1995) 8 NWLR (Pt.416), (1995) 8 NWLR (Pt. 416) 725

EDOZIE, J.C.A. (Delivering the Leading Judgment): This appeal relates to unlawful dismissal from employment. In suit No.HOR/4/86, in the Orlu High Court, the respondent as plaintiff sued the appellant bank, the defendant in the court below. The claim was for a total sum of N500,000.00 as general and special damages for wrongful dismissal from employment. Pleadings were ordered, duly filed and exchanged and with leave subsequently amended with the pleadings terminating in a further amended statement of claim and a further amended statement of defence to be referred to simply as statement of claim and statement of defence respectively. From the pleadings and evidence of witnesses, two each for the parties, the facts of the case may be summarised as hereunder:-

On 15/5/78, the respondent was offered an employment as a clerk by the appellant bank. He accepted the offer and assumed duty on 1/7/78. The initial salary was N1,162 per annum which by annual increment rose to N2,282 per annum in…

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