CHIOMA EGONDU NWOSU-IHEME, JSC (Delivering the Leading Judgment):
INTRODUCTION
This appeal emanated from the judgment of the Court of Appeal, Kaduna Division (coram Mohammed, Ba'Aba, Alagoa JJCA) delivered on the 10th day of May, 2005 affirming the judgment of the trial High Court of Kaduna State dismissing all the claims of the Plaintiff, now Appellant and granting the counterclaim of the Defendant, now Respondent.
BACKGROUND
The Appellant was the Senior Manager (Commercials) at the Kaduna Branch of the Respondent. While in that position, the Appellant was found guilty of gross negligence in the handling of the account of Nasara Properties, where the value of third party cheques of Tanko Kokwain and Anthony Sule of N3.5 million and N2.5 million respectively were converted, allegedly by one Aliyu Odoh, the alter ego of the said Nasara Properties. The Appellant, negligently authorized the opening of the account without a search being conducted. When the irregularity was discovere…