New Nigeria Bank Plc. V. Solomon Owie (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Edo State holden in Benin City delivered on 21st May, 1997 by Hon. Justice V.A.O. Omage J. (as he then was). The Respondent as plaintiff claimed vides his writ of summons and statement of claim against the Appellant as defendant, as follows:

(a) A declaration that the letter of 1/2/93 with Re. NNB/AGM/(B/OPS)P by which the Defendant purportedly retired the Plaintiff is inconsistent, with the conditions of service governing the plaintiff’s employment, ultra-vires the Board of Directors of the Defendant and is null, void and of no effect.

(b) A declaration that the Plaintiff is entitled to remain in his continuous employment by the Defendant until he attains the age of sixty (60) years as provided by the Defendant’s conditions of service.

(c) An order directing the Defendant to reinstate the Plaintiff forthwith to the position of an Assistant General Manager and to pay him all his outstanding salaries and allowances less the amount unilaterally credited by the Defendant to the Plaintiff account purporting same to be his terminal benefits.

ALTERNATIVELY:

An order directing the Defendant to pay the Plaintiff:

(i) The sum of N1,698,642.00 being the total emoluments (salaries and allowances) the Plaintiff would have earned if he had remained in the Defendant’s employment until attaining the age of 60 years.

(ii) The sum of N145,946.00 being the outstanding, gratuity benefits due and payable to the Plaintiff by the Defendant based on his total emoluments as agreed.

(iii) The sum of N150,000 being the furniture allowance the Plaintiff would have earned if he was not wrongfully retired.

(iv) The sum of N12,744.00 being the outstanding allowances in lieu of leave for 1991 and 1992 due and Payable to the Plaintiff.

(d) A declaration that the Plaintiff is entitle to Pension benefits as set out in the Defendant’s Personal Policy.

The Respondent in a bid to prove his claims, testified and tendered evidence a plethora of documents. At the end of trial, the learned trial Judge gave judgment in favour of the Respondent in part of his claims. The trial Court held that the Respondent’s appointment was properly determined by the Appellant vide exhibit S01. That the Respondent in addition to the three month’s salaries in lieu of notice was entitled as of right to have his terminal benefits and gratuity calculated to include his allowances for housing, transport and luncheon along with his basic salary rate. The Respondent was equally awarded the sum of Fifty Thousand Naira as damages for anxiety and inconveniences.

The Appellant was displeased with the judgment and has appealed to this Court against it vide its notice and grounds of appeal containing three grounds of appeal. For easy reference, the three grounds of appeal with their particulars are reproduced hereunder as follows: