Alhaji Lasisi Yusuf Vs Union Bank Of Nigeria Ltd (1996)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C.

The plaintiff’s claims as set out in paragraph 15 of the Statement of Claim are as follows:-

“Whereof the plaintiff claims against the defendants the following:

(a) A declaration that the plaintiff’s purported dismissal by the defendants was wrongful, null and void.

(b) An order that the plaintiff be reinstated in his employment and position as a staff of the defendants.

(c) An order that the plaintiff be paid arrears of his salary and entitlements from the date of his purported dismissal to the date of judgment of this suit.

(d) N50,000.00 being general damages for wrongful dismissal, plus

(e) The cost of this suit.”

The claims were denied by the defendant, particularly in paragraphs 8(a) and 10 of the Amended Statement of Defence reproduced hereunder:-

“8(a) The defendant denies paragraphs 8, 9, 10, 11 and 12 of the Statement of Claim and will contend at the trial of this suit that the plaintiff misconducted himself in the service of the defendant by engaging in irregular and negligent practices in respect of cash, records, returns or Customer’s Account and the defendant therefore discharged the plaintiff from its service.

Particulars

(a) That on the 21st January, 1983, the plaintiff irregularly and/or negligently signed a paying in slip on general customer’s paying in slip in respect of the sum of N4,665.00 kobo which should have been credited to the account of Salihu Abioye but which the plaintiff diverted to the account of Mallam Salami Yekini his friend. The aforesaid transaction was irregularly made in that it was not internally passed for counter-signature by two Authorized signatories of the Bank one of whom must be an officer of the “A” category.”

b. ………

c. ……..