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OBANYE
V.
UNION BANK

(2018) JELR 38999 (SC)

Supreme Court 8 Jun 2018 Nigeria
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- The appellant was an employee of the respondent and his employment was terminated by the respondent. - The appellant filed a lawsuit claiming that the termination was illegal and sought various reliefs, including payment of salaries and d

Case Details

Suit Number:SC.569/2015
Judges:MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Counsel:Onyechi Ononye For Appellant Ikeazor Akaraiwe with him, N. C. Ezego and S. M. K. Akaraiwe For Respondent
Other Citations:(2018) 17 NWLR (Pt. 1648) 375

CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): The appellant was an employee of the respondent. The respondent, by a letter of November 28, 2003, although back-dated to October 30, 2003, terminated the said employment. Sequel to the said letter, the respondent credited his account with the required one month's salary in lieu of Notice on December 3, 2003. However, only five days later, the respondent reversed the payment. Having failed in all his attempts to persuade the respondent to reverse the said termination of his employment, the appellant repaired to the Anambra State High Court, Onitsha Judicial Division.

Thereat, he caused a Writ of Summons to be issued and served on the respondent. He claimed the following reliefs:

(a) A Declaration that the termination of the plaintiffs employment by the defendant is illegal, null and void and of no effect, the defendant having failed to comply with the staff condition of service by paying the plaintiff one month (sic) salary in l…

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