(2004) JELR 45048 (CA)    

Court of Appeal  ·  CA/B/47/2001 ·  8 Jun 2004 ·  Nigeria
Other Citations
Osagie v. N.N.B. Plc. (2005) 3 NWLR (Pt.913)513
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria
Core Terms Beta
gross misconduct
supreme court
common law
exhibit e020
lower court
learned trial judge
head office
magistrate court
exhibit eos
main collective agreement
query of 22nd august
appropriate disciplinary committee
criminal allegation
high court
issue of e05
j. o. laoye
reference no. nnb
relief manager
right of the defendant
specific instruction of his employers
subsequent reply of 29th august
afuze high court
basis of this admission of gross misconduct
better understanding of the issues
contents of the said letter
customers of the branch
date of this letter
details of the case
dismissal of an employee
enhanced overdraft facility of n91,000.00
exhibit e016
exhibit eoi5
exhibit eoi9
facts of this case
following cases
following reliefs
gross misconception
industrial relations manager
leading judgment
owner of the account no.
sum of n273,960.20
university of lagos act

AUGIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Omage, J. (as he then was) delivered on the 19th October, 1998, wherein he dismissed the appellant's claims against the respondent for the following reliefs-

(1) A declaration that the defendant's letter of dismissal dated 3rd June, 1991 with reference No. NNB/PC.140/18 and signed by Mrs. P. I. Uloho-Sokoh, the Industrial Relations Manager is unlawful, wrongful and therefore null and void and of no effect whatsoever.

(2) An Injunction restraining the defendant from giving effect to the contents of the said letter.

(3) An order directing the defendant to re-instate the plaintiff forthwith and to pay the plaintiff his arrears of salary and other entitlements/benefits from August 1988 till whenever he is re-instated.

(4) A declaration that the plaintiff is still a staff of the defendant. Alternatively, the plaintiff claims the sum of N273,960.20 being his arrears of salaries and allowances he woul…

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