NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD. & ANOR VS YAYA MUMUNI
August 6, 2025K. AKPENE V BARCLAYS BANK OF NIGERIA LTD & ANOR
August 6, 2025Legalpedia Citation: (1977-01) Legalpedia (SC) 18731
In the Supreme Court of Nigeria
Fri Jan 28, 1977
Suit Number: SC. 130/1975
CORAM
UDOMA, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
ALRAINE NIGERIA LIMITED
APPELLANTS
M.A. ESHIETT
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-CONTRACT OF EMPLOYMENT-DISMISSAL
SUMMARY OF FACTS
The appellant terminated the appointment of the respondent because the respondent submitted a voucher for #120 instead of #12.0 for the payment of overtime workers in the appellants company. The respondent pleaded negligence.
HELD
The court held that it was an isolated instance of negligence in the five years of the respondents service so could not qualify as serious negligence to justify summary dismissals.
ISSUES
Whether the dismissal of the plaintiff in the circumstances revealed by the facts before the court was justified or not and what measure of damages is the plaintiff entitled
RATIONES DECIDENDI
UNLAWFUL TERMINATION OF EMPLOYMENT AND DAMAGES FOR BREACH OF CONTRACT
CASES CITED
SWISS-NIGERIA WOOD INDUSTRIES LTD V.BOGO (SC 14/70 DATED 3/7/70)
P.Z.CO. LTD V. OGEDENGBE (1972)1 ALL NLR (PT 1)202
NIGERIAN PRODUCE MARKETING BOARD V.A.O ADEWUNMI (1972) 1 ALL NLR (PT2) 433
STATUTES REFERRED TO
Not Available
