CaseLaw
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.
There at, he caused a Writ of Summons to be issued and served on the respondent. He claimed the following reliefs:
Upon the eventual joinder of issues in the settled pleadings, the matter went to trial. The appellant, (as plaintiff) testified as the sole witness. He tendered nineteen exhibits, Exhibits P1-P19. On her part, the respondent, (as defendant), equally called only one witness who testified and tendered one exhibit, Exhibit D1. The High Court (hereinafter, simply, referred to as "the trial Court") dismissed the plaintiff's case, prompting the appellant's appeal to the Court of Appeal, Enugu Division, (hereinafter simply referred to as "the lower Court").
The lower Court allowed the appeal in part, holding that "all that the appellant is entitled to is one-month (sic) salary in lieu of Notice and any other entitlements legitimately due to him at the time of termination of his employment and nothing more. Aggrieved, the appellant further appealed to this Court.
Whether the appellant is not entitled to damages, the Court of Appeal having found that the employment of the appellant was wrongly terminated as the one...