Aminetu Omolola Salami V. Union Bank Of Nigeria Plc (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: (Delivering the Leading Judgment)

The Appellant herein as Plaintiff commenced the instant case before the High Court of Kogi State by a writ of summons dated 22/11/1999 and filed on 24/11/1999. The said High Court presided over by Honourable Justice H. A. Olusiyi delivered its judgment in the case on 19/12/2006. (See pages 98 – 122 of the Record of Appeal for the judgment). The High Court of Kogi State presided over by Honourable Justice H.A. Olusiyi will hereinafter simply be referred to as ‘the lower court’. The reliefs which the Plaintiff claimed against the Defendant are set out in paragraph 34 of the Statement of Claim at pages 3 – 9 of the Record of Appeal. They read thus:-

“(1) A declaration that the Defendant is in breach of the provisions of the main collective Agreement between the Nigerian Employers Association of Banks, Insurance and Allied Institution and the Association of Senior Staff of Banks, Insurance and Financial Institutions in Dismissing (sic) the plaintiff i.e. condition of service.

(2) A declaration that the failure of the defendant to issue to the plaintiff a written query before dismissing her is in breach of the plaintiff’s right of fair Hearing (sic).

(3) A declaration that the Dismissal (sic) of the plaintiff by the defendant is wrongful, illegal, invalid, ultra vires and of no effect.

(4) A declaration that the Defendant dismissed the plaintiff using a wrong condition of service.

(5) A declaration that the employment of the plaintiff subsists not withstanding (sic) the purported Dismissal (sic).

(6) An order of re-instatement and to pay the plaintiff her full salaries, entitlements, allowances and benefits including promotion of the plaintiff until the determination of this case and/or an order for the plaintiff to be paid her gratuity and/or pension.

(7) The plaintiff claims the sum of N623,217.13 as Special Damages (sic) and N1,376,782.87 as General Damages (sic). Total (N2,000,000.00) Two Million Naira as Special and General Damages for wrong Dismissal (sic).”

The lower court after a review of the respective cases of the parties on the pleadings, and evaluation of the evidence adduced by the parties, made the finding in its judgment that the dismissal of the plaintiff was wrongful ‘both as a result of failure to give the required notice and as a result of an unproved gross misconduct’. In the light of the finding, the lower court ‘awarded damages to the plaintiff for her wrongful dismissal from service by the defendant, assessed on the basis of her salary and allowances for one month in lieu of notice plus one year’s salaries and allowances from the date after her dismissal’. The lower court further stated thus – “For avoidance of doubt, the defendant shall pay the plaintiff, as damages for wrongful dismissal from service thirteen months’ salaries and allowances.”

The Plaintiff being aggrieved with part of the judgment only; lodged the instant appeal by a Notice of Appeal dated 7/3/2007 and filed on the same day. The Notice of Appeal contains two grounds of appeal. The grounds of appeal and their respective particulars read thus: –

“GROUNDS OF APPEAL

(i) The trial Judge erred in law by not stipulating what constitute twelve months salaries and allowances.

Particulars of error