Lawrence Jirgbagh V. Union Bank of Nig. Plc (2000)

LawGlobal-Hub Lead Judgment Report

CHUKWUMA-ENEH, J.C.A.

The appellant, (as plaintiff) sued the respondent (as defendant) before the Vandeikya High Court of Benue State in suit No.MHC/25/95. The reliefs sought against the respondent as contained in paragraph 16 of the statement of claim are as follows:-

” (a) A declaration that both the suspension of the plaintiff on 5th September, 1996 and purported dismissal from the services of the defendant is illegal, null and void and of no effect whatsoever.

(b) A declaration that plaintiff is still in the services of the defendant and thus entitled to his salary and other entitlement of the staff of the defendant of the rank of the plaintiff.

(c)i The plaintiff claims the sum of N56,019.93 as special damages being the plaintiff salary housing, transport, utility launche on voucher allowances from May, 1997 to May, 1998.

(ii) Half salary and other allowances not yet paid to the plaintiff by the defendant N5,273.25

(iii) All financial and other entitlements due to the plaintiff from May, 1997 till date of judgment.

(iv) N50.000 general damages for inconveniences caused the plaintiff. Interim grand total N106,010.93″.

The appellant (as plaintiff) gave oral evidence and tendered exhibits A to H. Three witnesses testified for the defendant and tendered exhibits I to M; written addresses as ordered by the trial court were filed. In a considered judgment of 16/9/98, the trial court gave judgment in favour of the defendant. The action was dismissed with N1,000.00 costs to the defendant.

This appeal is against that decision and the notice of appeal filed in that regard contains three grounds of appeal without their particulars as follows:

“1. The decision of the Benue State High Court sitting in Vandeikya, is unreasonable and can not be supported having regard to the weight of evidence.

2. The trial High Court of Benue State sitting in Vandeikya, erred in law when it failed to hold that the appellant was neither queried nor given a hearing before he was purportedly dismissed from service by the respondent, and this error has occasioned a miscarriage of justice.
3. The trial High Court of Benue State sitting in Vandeikya, erred in law when it dismissed the appellant’s case before it holding that the complaint concerning non-prosecution in a criminal court before summary dismissal is without substance, and this error has occasioned a miscarriage of justice”.

Briefs of argument were filed and exchanged by the parties. The appellant in his brief of argument has made out two issues for determination and they reads as follows:

“1. Whether upon the true and dispassionate construction of Article 4(iv) of Exhibit 1, the dismissal of the appellant by the respondent is lawful; and

2. Whether or not the lower court was right in dismissing the appellant’s claims before it”.

The two issues for determination raised by the respondent are contained at p.2 of his brief of argument and they read as follows: