(1998) JELR 45608 (CA)    

Court of Appeal  ·  CA/B/352/96 ·  14 Dec 1998 ·  Nigeria
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
lieu of notice
learned trial judge
termination of the respondent
appellant company
defendant company
general manager of the defendant company
inter alia
respondent leave
breach of service agreement
chief j.a. orogun
co. ltd. group conditions of service
conditions of employment
general damages
judgment of the trial judge
ondo state investment
principles of law
termination of appointment
above claim
akure high court
brief facts of the case
close of the case
decision of the learned trial judge
existing cause of action
formal letter of termination of appointment
full employment of the appellant company
full employment of the defendant company
grant of amendment of pleadings
judgment of olamosu
leading judgment
learned trial judge of the allegation of malice
payment of his salaries
period of his employment
present respondent
said letter of termination of his appointment
such termination
termination of his appointment
written agreement

AKINTAN, J.C.A, (Delivering the Leading Judgment): This is an appeal from the judgment of Olamosu, J. delivered on 28th March, 1996 at Akure High court in suit No. HOD/72/93. The present respondent, Chief J.A. Orogun, was the plaintiff while the appellant company was the defendant. The plaintiff's claim as indorsed on his writ of summons is as follows:

"(i) A declaration that the termination of his appointment as the General Manager of the defendant company conveyed in a letter signed by one Mr. A. R. Campbell and dated the 6th of February, 1992, is null and void and of no effect whatsoever.

(ii) A declaration that his termination of appointment without being given the opportunity of being heard (in defence), and without having any adverse report whatsoever against him throughout the period of his employment with the defendant company is ill-mativated and at variance with the principle of audi aiteram partem, outrageous, wrongful and should be set aside.

(iii) A declaration that be is…

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