Nwobosi V African Continental Bank Limited (1995)

LAWGLOBAL HUB Lead Judgment Report

ONU, J.S.C. 

On June 1, 1981 the appointment of the plaintiff, herein appellant, as the Mushin Branch Manager of the defendant/respondent bank, was summarily determined by the latter by a letter (Exhibit G) sequel to their (respondent’s) earlier suspension of him on 26th August, 1980 and setting in motion his arrest and detention by a Chief Inspector of Police and two detectives at the Force C.I.D., Alagbon Close, Ikoyi, Lagos. These chains of events led the appellant to set the law in motion by the issuance of a writ of summons against the respondent on the 13th day of April, 1983 for the following reliefs:-

“…………… the sum of N300,000.00 (three hundred thousand naira) being special and general damages caused to the plaintiff by the defendant’s unlawful dismissal on 1st June, 1981 of the plaintiff’s employment with the defendant company.”

The particulars of damages (both special and general) set out in paragraph 19 of appellant’s statement of claim are as follows:-

“Particulars of Special Damages

(i) Half salary of N3,853, plus House Allowance of N 1,800 transport allowance of N 1,350

and lunch allowance of N 1,089 for 9 months (September, 1980 – May, 1981) N8.074.00

(ii) Salary of N 10,223 per annum plus N5,652.00 minimum allowances per annum making a total

of N 15,875.00 for 15 years. i. e. N238,125.00

(iii) Cash in lieu of leave for 5 months 4,255.00

(iv) House Allowance for 5 months 1,000.00

(v) Transport Allowance for 5 months 750.00

(vi) Leave allowance for 3 years N1,500.00

(vii) 2 years salary gratuity on retirement N20,446.00