(2010) JELR 45833 (CA)    

Court of Appeal  ·  CA/K/222/05 ·  23 Mar 2010 ·  Nigeria
MOHAMMED L. GARBA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria THERESA N. ORJI-ABADUA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
learned counsel
lower court
station manager
exhibits r1
exhibit n
exhibit u
furniture allowance
trial court
circumstances of this case
issue of housing
life issue
alleged receipt
appellant resignation
balance of n272,090.49k.
brief facts of the case
cases of fraud
court interest
decision of the defendant
end of the trial
entitlement benefits
exhibit qi
fannami v. bukar
following reliefs
iota of evidence
judgment of the kano state high court
justification of the said deductions
leading judgment
reasonable person
record shows
remaining portion of the appellant
respect of such anomaly
response exhibit n.
said sum of money
see tawakalitu bakare v
statement of claim
stations of the respondent
sum of n1,566,282.45
sum of n272,090.00
supervision of the appellant
total sum of n1,294,090.96
trial court fails
vide exhibits r1

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court presided over by Justice Tani Yusuf Hassan, delivered on the 7th day of April, 2005, wherein judgment was entered for the plaintiff/Appellant in part in the sum of N272,090.00. The court however dismissed the remaining portion of the Appellant's claims before it.

A brief facts of the case are that the Appellant who was the plaintiff at the lower court was an employee of ELF Oil Nigeria Limited which company later merged with Total Nigeria PLC. By virtue of the merger, the company was then known and called Totalfina Elf Nigeria Ltd which company was the defendant at the lower court when the suit was filed. The Appellant was so employed by the Respondent in 1990 after one year of internship. There were cases of fraud and embezzlement in some stations of the Respondent under the supervision of the Appellant. After investigation, the Respondent asked the Appella…

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