CORAM

S.U. ONU JUSTICE, SUPREME COURT

PARTIES

EMMANUEL N. NWOBOSI APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant/plaintiff was an employee of the respondent/defendant, which employment was terminated a year after he was suspended based on gross misconduct. He challenged his termination and got judgment at the trial court. On appeal by the defendant to the Court of Appeal, the judgment was upturned. Being dissatisfied the appellant has appealed to this Court. ?

HELD

The end result of all I have said is that this appeal lacks merit and it fails. It is accordingly dismissed and the decision of the court below is hereby affirmed. The appellant shall pay costs assessed at N1,000.00 to the respondent. ?

ISSUES

Whether the court below was right in holding that the appellant was properly dismissed.What are the damages allowable where there is a wrongful dismissal of an employee whose written contract of service is for a definite or ascertainable duration which can only be determined by acts specified in the contract of service?

RATIONES DECIDENDI

CASES CITED

Ogbuanyinya v.Okudo (No.2) (1990) 4 NWLR (Pt. 146) 551 at 567-8.E. O. Amodu v. Dr. J. O. Amode & Anor (1990) 5 NWLR (Pt. 150) 356,NISER v. Olatunbosun (1988)3 NWLR (Pt. 80) 25 at 37Laws v. London Chronicle (Indicator Newspapers) Ltd.(1959)2 All ER 285Boston Deep Sea Fishing & Ice Co. v. Anseli 1886/1890 All ER (reprint) 65 at pages 72/73: (1888) 39 339Ehimare & Anor: Okaka Emhonvon (1985) 1 NWLR (Pt.2) 177 following Metalimpes v. A.C. Leventis (Nig.) Ltd. (1976) 2 SC 91 at 102.Oladipo Maja v. Stocco (1968) 1 All NLR 141Sule v. Nigerian Cotton Board (1985) 2 NWLR (Pt. 5) 17See Bolton Engineering Co. Ltd. v. Graham (1957) 1 Q.B. 159; Lennards Carrying Co. Ltd. v. Asiatic Petroleum Co. Ltd. (1915) AC 705 Carlen v. Unijos (1994) 1 NWLR (Pt. 323) 631 at 669-670.Sanusi v. State (1984) 10 SC 166;

STATUTES REFERRED TO

Halsbury’s Laws of England, 4th Edition Vol. 16 para. 640 at page 435Chitty on Contracts, 24th Edition Vol. 2, para. 3621 at page 613The Banking Act, 1969The Banking (Amendment) Act, 1972

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