YAUTE DAMISA v. UNITED BANK FOR AFRICA

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Facts:

The appellant, a Senior Manager (Commercial) at the Kaduna Branch of a commercial bank (the respondent), negligently handled the account of a customer, Nasara Properties, authorizing the opening of the account without conducting the required search. This negligence resulted in the conversion of third-party cheques. Following the discovery of the irregularity, the appellant was queried, admitted his negligence, and was subsequently suspended and later dismissed.

Aggrieved, the appellant sued the bank at the High Court of Kaduna State, seeking a declaration that his dismissal was unlawful, reinstatement, payment of outstanding salaries and promotion, and, alternatively, special and aggravated damages. He claimed that his dismissal violated his right to fair hearing and did not comply with the bank’s Senior Staff Conditions of Service. He did not, however, particularize or prove the damages. The respondent counter-claimed N1,588,336.65 as an outstanding debt owed by the appellant, supported by a letter dated 2 October 1997. The appellant did not challenge or disprove this evidence.

The trial court held that the employment was governed solely by a master-servant relationship without statutory protection, meaning the master could dismiss the servant for good, bad, or no reason. The court dismissed the appellant’s claims and granted the respondent’s counterclaim.

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