Fin Bank (Nig.) Plc. V. Adebayo Issa Olawale (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A., (Delivering the Leading Judgment)

By its amended statement of claim, at pages 109-111 of the Record of Appeal the Appellant herein claimed against the Respondent at the High Court of Kwara State sitting at Ilorin, the following reliefs:-

I. The sum of N24,840,000.00 being an outstanding refund expected from the Defendant of the unauthorized, withdrawal of N79,000,000.00 from various customer’s account.

II. Interest at the rate of 25% per annum from 1st January, 2010 till the date of judgment.

III. Interest at the rate of 10% from the date of judgment till the whole amount is liquidated.

IV. Declaration of the right of the claimant to offer for sale by auction the properties of the Defendant to liquidate the expected refund.

V. Cost of filing of this suit.”

The Respondent joined issues with the Appellant in a 29 paragraphs statement of defence and also filed a 27 paragraphs statement of counter claim in which he set out at paragraph 27, the following counter-claims;-

I. “A declaration that the dismissal of the counter claimant from the defendant is wrongful, unlawful, illegal and/or invalid, null and void and of no effect whatsoever, having carried out in flagrant contravention of S.36 of the Constitution of the Federal Republic of Nigeria, the sacred Rules of Natural Justice and the conditions or terms governing the appointment of the counter claimant.

II. A declaration that the claimant entitled to damages for wrongful and/or unlawful dismissal in term of his salaries allowances and other emolument which would have accrued to him from June 30, 2009 when the claimant was unjustly dismissed by the defendant.

III. An order for payment of the sum of N216,000.00 being the salary and allowances due to the claimant on monthly basis with effect from July, 2009, payment of arrears due from July, 2009 – May, 2010 and continued payment of his monthly salaries and allowances thereof until his appointment with the defendant is lawfully determined. The arrears due from July, 2009 – May, 2010 when the suit is filed is N216,000.00 x 11 months = N2,383,330.00 (Two Million, Three Hundred and Eighty Three Thousand, Three Hundred and Thirty Naira, Forty-Two Kobo).

IV. A declaration that the freezing and/or blocking of account No. 101432723801 which the counter claimant maintained with the defendant is illegal, wrongful and a breach of contract between the counter claimant and the defendant.

V. Damages of the sum of N5,000,000.00 (Five Million Naira Only) against the defendant for illegal frozen or blocking of the account of the counter claimant.

VI. An order for the de-freezing of the account with immediate effect so that the counter claimant will have access to his fund and continue to operate the account.”