New Nigeria Bank Ltd. V. Francis Obevudiri (1985)

LawGlobal-Hub Lead Judgment Report

AGBAJE, J.C.A.

In a Jos High Court, the plaintiff, Francis Obevudiri, sued the defendant Bank, New Nigeria Bank Limited, claiming against it as follows:

“1. A declaration that the termination of the plaintiff’s appointment by the Bank was malicious and wrongful.

2. The sum of N4, 415.90 as special damages made up of:-

(i) N1,275.00 representing 3 months’ salary in lieu of notice for the months of January – March, 1979 at N425.00 a month.

(ii) N1,275.00 being balance of unpaid monthly salary (of N425.00) from January -June, 1979 at N212.50 per month.

(iii) N249.90 balance of monthly car allowance unpaid from January – June, 1979.

(iv) N300.00 as the unpaid half of the monthly housing allowance (of N100.00) from the months January – June, 1979 at N50.00 a month.

(v) N1, 188.00 as refund of pension contribution of N18.00 a month from January – June, 1974 to 1979.

(vi) N75.00 leave grant for 1979 and N52.00 travelling allowance for the trip from Warri to Makurdi.”

Pleadings were ordered, filed and delivered. The case was tried by Momoh J. In a judgment dated 9th March, 1984, she held that the plaintiff’s dismissal by the defendant was wrongful. She held further that the plaintiff is entitled to recover damages for the wrongful dismissal. She awarded the plaintiff special damages totaling N3, 564.90 made up as follows:-

“N425.00 – Salary for one month as damages for wrongful dismissal; additionally sums of N1,275, N249.90, N1,188, N75 and N52 respectively claimed as aforesaid in this judgment. Total amount to be awarded on the plaintiffs claims shall be N3, 564.90.”

Costs of the trial assessed at N427.60, were also awarded to the plaintiff. Both the defendant Bank and the plaintiff were dissatisfied with the decision of the learned trial Judge.

The defendant Bank, in the main appeal, has complained about the whole of the decision. The plaintiff, in his cross-appeal has appealed against certain specific findings of the learned trial Judge which according to the plaintiff, are prejudicial to his case. The findings of the learned trial Judge complained of by the plaintiff are:-

(a) that the charge of negligence which was made against the plaintiff by the defendant in the performance of the former’s duty as regards the transactions giving rise to his dismissal by the Bank has been proved to the satisfaction of the learned trial Judge.