(1998) JELR 45640 (CA)    

Court of Appeal  ·  CA/PH/55/94 ·  19 Feb 1998 ·  Nigeria
Other Citations
Ibama v. Shell Pet. Dev. Co. (Nig.)Ltd. (1998) 3 NWLR (Pt.542)
Ibama v. Shell Pet. Dev. Co. (Nig.)Ltd. (1998) 3 NWLR (Pt. 542) 493
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibit v
lieu of notice
contract of service
leading judgment
retirement age
learned trial judge
regards issue
service of the respondent
termination of employment
case of the appellant
circumstances of the employment of the appellant
common law
depot of the respondent
exhibit j
exhibit k
general hiring
general rule
high court
immediate effect
implied terms
judgment of p.b. akere j
judgment of the lower court
kidney island depot
known blemish
little attention
number of issues
opening paragraphs of his judgment
performance of certain duties
personal service
port harcourt
retirement benefits
rivers state
said clause
said contract of service
said pipes
sum of n2
termination of the said employment
terms of clause
trial court

UWAIFO, J.C.A. (Delivering the Leading Judgment): This is an appeal from a judgment of P.B. Akere J given on 11 October, 1993 at the High Court, Port Harcourt, Rivers State. It concerns litigation over the termination of employment in a mere master and servant relationship. The learned trial Judge admirably summarised in the opening paragraphs of his judgment the facts and circumstances of the employment of the appellant and what led to his termination of the said employment. It is enough if I simply start with the salient aspects of what he said in that summary before going into other facts.

The appellant was employed by the defendant on 22 November, 1969. He was due to retire on 25th September, 1992 when he would have reached the retirement age of 55 years. That would have meant some 23 years' service. He worked without any known blemish and his pre-retirement procedures had been observed some months earlier before his termination of employment He was then on posting to a depot of t…

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