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CaseLaw

Olanrewaju V. Afribank (2001) CLR 7(g) (SC)

Judgement delivered on July 13th, 2001

Brief

  • Master and servant
  • Breach of contract
  • Employment
  • Pleadings

Facts

The appellant was an employee of the respondent. He was employed on 12th January, 1982. He rose to the rank of a Deputy Manager.

In November 1992 he was suspended from duty on some allegations of fraud, embezzlement of money and sundry allegations. Before suspension however the appellant was queried in writing. He answered the query. He subsequently appeared before the Senior Staff Disciplinary Committee of the Respondent. The Committee submitted its report to the Management of the respondent. By a letter dated 11th March, 1993 the appellant was dismissed. The appellant went to court and instituted this action against the respondent at the Maiduguri High Court, claiming certain reliefs.

The learned trial judge found in favour of the plaintiff. And declared the dismissal of the plaintiff a nullity and ordered the reinstatement of the plaintiff by the defendant bank forthwith. The court further ordered the payment of the plaintiff's salaries from the date of the dismissal to the date of the judgement.

Defendant dissatisfied appealed to the Court of Appeal which allowed the appeal and set aside the judgement and orders of the trial court.

Plaintiff/Appellant appealed to the Supreme Court.

Issues

  • A
    Whether the several acts of appellant constituting operational Banking...
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