(2005) JELR 45152 (CA)    

Court of Appeal  ·  CA/PH/259/2001 ·  3 Mar 2005 ·  Nigeria
Other Citations
Borishade v. N.B.N. Ltd. (2007) 1 NWLR (Pt. 1015) 217
SLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
trial court
collective agreement
branch manager
learned trial judge
order of court
said letter of dismissal
servant relationship
head office
exhibit h
service of the defendant
wrongful dismissal
general damages
said letter
sum of n500,000.00
grounds of appeal
provisions of the collective agreement
supreme court
admitted acts of the appellant
alternative claim
claim of the appellant
expense of the bank
guarantee of the sum of n43
leading judgment
letter reference ap
purported dismissal of the plaintiff
allegations of misconduct
case of b. a. morohunfola v
case of the appellant
central bank of nigeria
enviable position of a branch manager
failure of the plaintiff
following reliefs
give credit facilities
instance of the respondent
part of the decision
records of appeal
refer abukagbo v
reversal of the decision of the trial court
see hillas
submission of counsel
suit of the appellant
suit of the plaintiff

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A.: (Delivering the Leading Judgment): On the 24th May, 2001, the Hon. Justice, A. Acho Ogbonna of the Port Harcourt Judicial Division holden at Port Harcourt dismissed the suit of the Plaintiff/Appellant for the failure of the Plaintiff to prove his case as required by law. The learned trial Judge concluded the judgment in these terms:

"... am satisfied that the Plaintiff's dismissal is not unlawful..."

The Plaintiff, herein after referred to as the Appellant, has come before this Court seeking a reversal of the decision of the trial Court.

Briefly, the suit of the Appellant before the trial Court was for wrongful dismissal by his employee, the Respondent.

The Appellant was employed in 1980. He rose progressively through the ranks to the enviable position of a Branch Manager before his employment was terminated in 1991 at the instance of the Respondent upon some allegations of misconduct.

Before the trial Court, the Appellant sought the following…

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