(2014) JELR 39979 (CA)    

Court of Appeal  ·  CA/C/205/2011 ·  18 Mar 2014 ·  Nigeria
Other Citations
Ekasa v. ALSCON Plc (2014) 16 NWLR (Pt. 1434) 542
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial judge
nwlr pt
learned trial judge
lower court
jurisdiction of the court
trial court
national industrial court
representative capacity
service of the defendant
employees of the defendant
leading judgment
supreme court
breach of the plaintiffs
civil cases
employment matters
exhibit a
justifiable reason
suspension order
valid letters of employment
written notice
alao v. akano
authority see adikwu v. comm
considered judgment
duty of an appellate court
entire judgment of the learned trial judge
following questions
general damages
judgment of the high court of akwa ibom state
legal position
little wonder
lrcn page
ltd v. abel
ojoegbu v. iheanodo
paragraph 4c of the counter affidavit
resolve issues
second issue
state of the law
suit no. hab
trial judge fails
utih vs. onoyinwe
view of the provisions of the section

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting at Ikot Abasi Division delivered on 16th of May, 2011.

The Appellants as Plaintiffs at the Lower Court brought this action by originating summons and raised the following questions for determination by the court:

1. Whether the Plaintiffs who were appointed and employed by the Defendant with valid letters of employment and who have since employment in the service of the Defendant been performing their duties diligently and satisfactorily without any suspension order, termination of appointment or retirement in the service of the Defendant being communicated to them are presently not staff or employees of the Defendant.

2. Whether the neglect, refusal and or failure by the Defendant to pay the Plaintiffs their salaries, allowances, emolument and other entitlements without any justifiable reason does not amount to a breach of the Plaintiffs…

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