Utieyin Obioru v. Access Bank Plc (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the National Industrial Court, Ibadan division, delivered by Hon. Justice J. D. Peters in suit No. NICN/IB/25/2012, on the 18th day of March, 2021, wherein the trial court granted reliefs 1 and 2 of the appellant and general damages in the sum of N9,676,000.00, and dismissed the other heads of claims sought by the appellant.

The appellant was the claimant, while the respondent was the defendant at the trial court.

The appellant being aggrieved with the decision of the trial court had appealed against same to this court vide his notice of appeal filed on 19th day of May, 2022. The notice of appeal which challenged the decision of the trial court on four grounds is found at Volume 3 pages 1466 – 1472 of the record.

The record of appeal of three volumes was compiled and transmitted to this court on the 27th of June, 2022.

The appellant’s brief of argument was filed on 29th of July, 2022 while the respondent’s brief of argument was filed on 18th of August, 2022. The appellant upon receipt of the respondent’s brief filed a reply brief on the 16th of September, 2022.

At the hearing of the appeal, counsel to both appellant and respondents adopted their respective briefs upon which this honourable court reserved the appeal for judgment.

This appeal was commenced by the appellant vide a writ of summons dated 19th of June, 2012, and filed on the same date which was issued to the respondent, the then Diamond Bank who was tagged as defendant at the trial court.

The appellant at the trial court by paragraph 50 of his amended statement of claim, claimed the following reliefs:

a. A declaration that the claimants employment with the defendant was effectively terminated via claimants letter of resignation dated 22nd January, 2009.

b. A declaration that the purported dismissal of the claimant via defendants letter dated 5th October, 2009 was wrongful, malicious and of no effect whatsoever.

c. The sum of seven million, five hundred thousand naira (7,500,000) being special damages for the inability of the claimant to take up the offer of GT Bank Plc.

d. The sum of forty million naira being special damages for the termination of the claimants employment by Global Tracking International Network.

e. Forty million aira being special damages for the inability of the claimant to exercise the 5 years renewal option on contract with Global Tracking International Network based on purported dismissal by defendant.