EMENITE LTD.
V.
OLEKA

(2004) JELR 46335 (CA)    

Court of Appeal  ·  CA/E/149M/2001 ·  16 Nov 2004 ·  Nigeria
 · 
Other Citations
Emenite Ltd. v. Oleka. (2005) 6 NWLR (Pt.921)350
Emenite Ltd. v. Oleka (2005) 6 NWLR (Pt. 921) 350
CORAM
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
Core Terms Beta
respondent
plaintiff
defendant
trial court
conditions of service
senior counsel
leading judgment
learned counsel
legal personality of the appellant
limited liability company
circumstances of the case
day of judgment
employment of the appellant
issues
legal personality of a corporate body
matter of law
present case
variation of the judgment of the trial court
agreed conditions of service
amended statement of claim
appellant company
consensual conditions of service
contribution of kalgo
court of appeal
employment of the defendant
favour of the respondent
following declarations
high court
high court of enugu state
higher courts
important thing
james ogenyi ogebe
lead judgment of uwaifo
legal personality
legal personality of the defendant
legal relations
legal status
lower court
privilege of a preview of the lead judgment
question of the legal personality
reasonable time
record of appeal
second issue
submission of the learned counsel
supreme court
written contract

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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