DARLINGTON
V.
POLARIS BANK LTD & ORS

(2022) JELR 109134 (CA)    
Court of Appeal  ·  CA/L/627/2008 ·  11 Feb 2022 ·  Nigeria
CORAM
Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA Muhammad Ibrahim Sirajo, JCA
Core Terms Beta
appellant
appeal
respondents
lower court
contract of service
dismissal
interlocutory injunction
letter of dismissal
1st respondent
articles of association of the 1st respondent
legal right
completed act
injunctive relief
official residence
appellant’s brief
appellant’s legal right
issues
managing director
appellant’s application
appellant’s motion
appellant’s request
determination of the substantive suit
gross misconduct
peoples democratic party
ruling of the federal high court
ruling of the lower court
sole issue
victoria island
allegations of financial improprieties
application of the appellant
circumstances of this case vis
contractual agreement
determination of this court
fiduciary of the 1st respondent
fuller reasons
hearing of this appeal
lpelr-ca
misappropriation of funds
name of the 1st defendant
official benefits
order of this court
polaris bank ltd
position of the law
question of law
reason
refusal of the lower court
substantive issue
virtue of the letter of termination

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling of the Federal High Court, Lagos, delivered on 06/12/2006, wherein Justice I.N. Auta refused to grant the Appellant’s motion for interlocutory injunction. The background facts leading to this appeal are that the Appellant, who was the Managing Director and Chief Executive Officer of the defunct Bond Bank Plc, was dismissed on 05/11/2005 on allegations of financial improprieties involving misappropriation of funds, gross misconduct and particularly, receiving, concealing and converting the sum of One Billion, One Hundred and Sixty-nine million Naira (N1,169,000,000.00) deposited by one Gbenga Ajala, which funds were allegedly pertained to the funds embezzled by Mr. Tafa Balogun, an erstwhile Inspector General of the Nigeria Police Force. He was dismissed barely three years into his ten-year contractual agreement with the defunct Bond Bank. The Appellant, as Claimant, challenged his dismis…

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