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EMENITE LTD.
V.
OLEKA

(2004) JELR 46335 (CA)

Court of Appeal 16 Nov 2004 Nigeria
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Case Details

Suit Number:CA/E/149M/2001
Judges:JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JAAFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Counsel:Chief A. O. Mogboh, SAN (with him, B. C. Okoye [Mrs.]) For Appellant Chief C. H. C. Nwayaa (with him, T. E. Nwayaa [Mrs.]) For Respondent
Other Citations:Emenite Ltd. v. Oleka. (2005) 6 NWLR (Pt.921)350

OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent was employed by the appellant company in October, 1976. The appointment was to take effect from January, 1977. He rose through the ranks and became Finance Manager in August, 1989. The conditions of service governing the relationship between the respondent and the appellant is exhibit "G".

In July, 1993, the appellant in re-organising the company decided to do away with the respondent's appointment. The appellant used the word "disengagement" instead of termination.

The respondent was offered six months salary in lieu of notice.

This, he rejected and went to court before the High Court of Enugu State seeking the following declarations in an amended statement of claim:

"(a) Declaration that the defendant having made an offer of "disengagement" or "retirement" to the plaintiff outside the consensual conditions of service existing between both parties, the defendant is obliged to allow the plaintiff reasonable time to make …

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