Spring Bank Plc. V. Julius O. Babatunde (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of OLUWOLE FAGBE, J. of the High Court of Ondo State sitting at Akure, in Suit No. AK/284/2002 between JULIUS O. BABATUNDE (Plaintiff) V. SPRING BANK PLC (defendant), delivered on the 2nd day of June, 2008. In his amended statement of claim containing 27 paragraphs, the respondent who was the plaintiff in the court below, claimed the following relief, namely:

“1. An order of this honorable court compelling the defendant to pay the plaintiff retirement benefit accruing to the plaintiff due to the unlawful and wrongful separation of the plaintiff contract of employment/appointment by the defendant.

2. A sum of N5 million general damages against the defendant for its wrongful, malicious, vengeful and illegal separation of the contract of employment of the plaintiff.

OR IN THE ALTERNATIVE TO (2) ABOVE

3. An order for special damages in the following sum;

(a) RETIREMENT BENEFIT

N K N K

NSITF REFUND: Self (2.5%) 7,336.82

:Employer (2.5%) 7,336.82

Total= 14,673:64

SHARE REFUND: 80,025:04

Plus interest at 10% per Annum 12,600:16

(2001-May 2004)

92,625:21

NHF: Self (2.5%) 7,336.82