(2000) JELR 44057 (CA)    

Court of Appeal  ·  CA/J/140/99 ·  13 Jul 2000 ·  Nigeria
Other Citations
Jirgbagh v. U.B.N. Plc. (2001) 2 NWLR (Pt.696)11
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
summary dismissal
trial court
collective agreement
gross misconduct
written query
exhibit d
instant matter
wrongful dismissal
disciplinary procedure
due opportunity
exhibit c
exhibit f
alleged misconduct
employee of dishonesty
high court of benue state
leading judgment
natural justice
provision of art
second issue
services of the defendant
written representation
accusation of gross misconduct
answer exhibit d
background facts of this matter
collective agreement of exhibit
criminal court
decision of the benue state high court
disciplinary procedure of exh
dismissal of the appellant
dispassionate construction of article
exhibits a
facts of this case show
lower court
main collective agreement
major term of his contract of employment
purposes of this case
said provisions
see okesuji v
solid facts
such matters
sum of n56,019.93
suspension of the plaintiff
tacit recognition of his rights
vandeikya high court of benue state

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): The appellant, (as plaintiff) sued the respondent (as defendant) before the Vandeikya High Court of Benue State in suit No.MHC/25/95. The reliefs sought against the respondent as contained in paragraph 16 of the statement of claim are as follows:-

" (a) A declaration that both the suspension of the plaintiff on 5th September, 1996 and purported dismissal from the services of the defendant is illegal, null and void and of no effect whatsoever.

(b) A declaration that plaintiff is still in the services of the defendant and thus entitled to his salary and other entitlement of the staff of the defendant of the rank of the plaintiff.

(c)i The plaintiff claims the sum of N56,019.93 as special damages being the plaintiff salary housing, transport, utility launche on voucher allowances from May, 1997 to May, 1998.

(ii) Half salary and other allowances not yet paid to the plaintiff by the defendant N5,273.25

(iii) All financial and other …

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