Keystone Bank Limited V. Mr. Olukayode Abiodun Oyewale (2009)

LawGlobal-Hub Lead Judgment Report

ITA GEORGE MBABA, J.C.A.

This appeal is against the judgment of Kaduna State High Court in suit No. KDH/KAD/1064/2010, delivered on 8/3/2013 by Hon. Justice Hannatu A. L. Balogun, whereof the learned trial Court held for the Respondent, that the termination of his appointment was unlawful and awarded the sum of N3,141,868.60 to Respondent as his “net severance package” and N3,000,000.00 as general damages. The trial Court also ordered the Appellant to release the Respondent’s title documents to him even though he was yet to pay his indebtedness to the Appellant relating to a subsisting legal mortgage over the Respondent’s property to which the documents related.

The respondent’s claims before the trial Court, as per his further amended Statement of Claim (pages 186 193 of the records) were:

“1. An order that the Plaintiff’s terminal benefits be computed and paid by the Defendant in accordance with the Central Bank of Nigeria disengagement plan, and the conditions of service and practice of the Bank subsisting at the date of Plaintiff employment as well as the date of his termination, to the exclusion of any policy that proportion to only the number of days put in service after the payment of last salary i.e. 10 days (sic).

2. A declaration that the policy made on an undisclosed date by the defendant to the effect that payment of terminal benefits for disengaged staff who transferred their services to it (defendant company) will be proportion (sic) to only the number of days put in service after the payment of last salary i.e. 10 days is inapplicable to Plaintiff on any or all of the following grounds;

(i).That the policy is in breach of the conditions of service under which the Plaintiff was employed.

(ii). That the policy contravenes the established practice of the defendant, which was subsisting at the time of Plaintiff’s employment up to this (sic) date of his termination.

(iii). That the policy aims to subtract from Plaintiff’s right to full terminal benefits guaranteed under the Central Bank of Nigeria disengagement Plan and Circulars relating thereto.

3. The sum of Three Million, One Hundred and Forty One Thousand, Eight Hundred and Sixty Eight Naira, Sixty Kobo (N3,141,868.60) being the net severance package due him after 9 years of meritious (sic) service particulars of which are set out below:

EARNINGS AMOUNTS

TOTAL PACKAGE

6,500,000.00

SPOUSE ALLOWANCE

200,000.00

TOTAL EMOLUMENT (A/12 MONTHS)9.14 x 9.14

TOTAL EMOLUMENT