(2004) JELR 44987 (SC)    

Supreme Court  ·  SC.82/2000 ·  21 May 2004 ·  Nigeria
Other Citations
Arinze v. F.B.N. Ltd (2004) 12 NWLR (Pt.888)663 (2004) 18 NSCQR 429
Arinze v. F.B.N. Ltd. (2004) 12 NWLR (Pt. 888) 663
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
disciplinary action
fair hearing
university of maiduguri
exhibit c
exhibits u
leading judgment
respondent bank
case of the appellant
criminal offences
criminal prosecution
grounds of appeal
learned trial judge
acts of irresponsibility
alleged acts of gross
alleged acts of gross misconduct
brief of argument
cases of gross misconduct
claim vide exhibit f
clear proof
culmination of several warnings
discipline of students
fraudulent claim
fraudulent claim of money
full weight of evidence
high court of former anambra state
issue no.3 reading
issue number
learned justices of court of appeal
observance of the above principle
particular circumstances of the appellant
prosecution of an employee
respect of the said issue no.4
said supreme court authorities
serious criminal nature
serious issues
statutory rules
student of the university
such disciplinary action
trial court
trial judge
valid reply
various cases of insubordination
various letters
wrongful dismissal

BELGORE, J.S.C. (Delivering the Leading Judgment): The appellant, was the plaintiff at the High Court of former Anambra State sitting at Onitsha. He lost his action against the respondent bank that employed him, claiming wrongful dismissal. He claimed N250,000 as special and general damages. Among the reasons given at the trial for his dismissal were the various cases of insubordination, absenteeism and fraudulent claim for overtime while he was not even on duty. Various letters were sent to him on his misbehaviour and he chose not to reply to them and during trial he claimed not to have received any of the letters which are exhibits U, V,W, X and Y. At the end of the trial, trial Judge, Ononiba J. (as he then was) found the appellant failed to prove his case and thereby dismissed the suit. He therefore appealed to Court of Appeal which dismissed the appeal in upholding trial court's judgment.

The appellant filed ten grounds of appeal and wrote a brief of argument to cover all the gr…

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