Unity Bank Plc. V. A.Y.A. Ademiluyi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal is against the Judgment of the Edo State High Court, which was delivered on September 21, 2009 in Suit No. B/327/2002. By the said Judgment, the lower court, coram the Hon. Justice D.I. Okungbowa, awarded to the Respondent the sum of N1, 647, 292.76 with costs assessed at N10, 000.00.

By paragraph 18 of 2nd Further Amended Statement of Claim thereof (dated 11/5/06), the reliefs sought by the Respondent against the Appellant are to the following effect:

18. the Plaintiff claims from the defendant the sum of N2, 083, 653.84 made as follows:

i. 13th Months Ex-Gratia salary N23, 958.72

ii. Balance of leave days commuted to cash 100, 893. 27

iii. Balance of rationalization or redundancy payment 1, 569,527.77

iv. Balance of 3 months salary in lieu of Notice 71, 876. 15

v. October, 2000 salary 35, 559. 81

vi. 30% across board salary adjustment 22, 986. 83

vii. National Housing Fund Contributions 150, 000. 00

viii. Refund of Superannuation Fund Contribution 108, 851. 39

Total N2, 083, 653. 84

It’s evident from the records, that the Respondent was an employee of the Appellant, a Commercial Bank. Consequent upon the restructuring of the Appellant, the service of the Respondent was withdrawn by the Appellant with effect from October 19, 2000. The Respondent was paid, inter alia, a gratuity assessed at N720,051.82 (Seven hundred and twenty thousand, fifty-one Naira and eighty-two kobo) only based on his basic salary as stipulated in the condition of service governing the relation between the respective parties.