(2018) JELR 38860 (CA)    

Court of Appeal  ·  CA/I/21/2011 ·  20 Jun 2018 ·  Nigeria
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Core Terms Beta
jan. dec.
lower court
allied matters act
natural persons
non-governmental organization
non-juristic person
amended statement of claim
common knowledge
juristic persons
legal persona
legal persons
proper order
service of the defendant
trial court
act of parliament
amended notice of appeal
brief of argument
chinwe eugenia iyizoba
corporate name
date of judgment of this case
haruna simon tsammani
honourable judge of the lower court
important issue
jurisdiction of the lower court
leading judgment
legal person
legal personality
magistrate court iyaganku oyo state
managing director of the appellant
non-profit making organization
oct. dec.
office equipment of the appellant
personal assistant
question of juristic personality of a party
rate of n12,725.00
rate of n8,960.00
registered trustees of the anglican diocese of lagos
responsibility of the appellant
sole issue
such trustee
sum of n5,368,354.27
trade unions
western nigeria
years service

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Oyo State Ibadan Judicial Division in SUIT NO: I/1059/2006 delivered on 26/6/2009 CORAM Oladeinde J.


The Appellant a non-profit making organization employed the Respondent as a Personal Assistant to the Managing Director of the Appellant by letter dated 27/12/94. After some months of working for the Appellant with an increase in salary, some office equipment of the Appellant was stolen. The Respondent and a few other staff of the organization were suspected of the theft and charged to the Magistrate Court Iyaganku Oyo State. The Appellant placed the Respondent on indefinite leave without pay. The Respondent was later discharged by the Magistrate Court for want of diligent prosecution. The Respondent wrote several letters to the Appellant for reinstatement, all to no avail. He then instituted this action claiming in his amended Statement of Claim as follows:


There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login