(2003) JELR 44775 (CA)    

Court of Appeal  ·  CA/A/42/98 ·  9 Jan 2003 ·  Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
fair hearing
learned trial judge
trial court
false imprisonment
lower court
nwlr part
defendant company
grounds of appeal
second issue
trial judge
address of counsel
adverse decision
amended statement of claim vide paragraph
ample opportunity
appellant company
appellants defence
circumstances of the suit
cross examination
day judgment
employment of the defendant company
equal chance
equal treatment
fct high court abuja
former employee of the appellant
ground of appeal
ibrahim tanko muhammad
indispensable requirement of justice
leading judgment
motion of notice
oral application of counsel
order of extention of time
plaintiffs claim
principle of fair hearing demands
right of fair hearing
view of my conclusion

ZAINAB A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The respondent a former employee of the appellant commenced this Suit before the FCT High Court Abuja against the appellant whereby in Suit No. FHCjHC/CV/169/95 wherein he claimed against the appellants the following reliefs vide the Writ of Summons filed on the 26th of April, 2001;

"The Plaintiffs claim is for;

1. A declaration that his purported dismissal or suspension (if any) from the employment of the defendant company is null void and of no effect.

2. A declaration that the Plaintiff is still in the employment of Dantata and Sawoe Nigeria Ltd.

3. An order directing the defendant company to reinstate the plaintiff to his status as a driver without prejudice to entitlements and promotions which, ought to have accrued to him during the said period and/or payment of his salary for the said period.

4. Cost of this action. And in an amended statement of claim vide paragraph 19 thereof, the respondent further claimed agai…

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