(2015) JELR 44224 (CA)    

Court of Appeal  ·  CA/J/22/2013 ·  17 Jun 2015 ·  Nigeria
JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria RIDWAN MAIWADA ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
2nd defendant
necessary party
writ of summons
2nd respondent
grounds of appeal
makeri smelting company ltd.
notice of appeal
1st respondent
learned silk
lower court
allied matters act
chief mathew ochepa
receiver manager
joint statement of claim
plateau state
ruling of the learned trial judge
statement of defence
utmost respect
behalf of the 1st defendant
jurisdiction of this court
mr. madugu
powers of the directors
proper party
substantive suit
suit of the plaintiffs
account of the parties
agent of a disclosed principal
date of appointment of a receiver
e defendant
following grounds
following issues
hearing of the substantive appeal
high court of justice
law report
legal effect
manager of the 1st defendant
manager of the 1st respondent
named parties
name of the 2nd respondent
order of the court of appeal
plaintiffs claim
receiver of any property of a company
whole of a company

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): The appellants alleged that at diverse occasions the respondent employed them to work as security guards in Makeri Smelting Company Ltd., a company under receivership at the time this suit was filed in the Court below on 15th December, 2005. Their appointments were in the course of performing their respective duties terminated without the payment of their individual salaries and allowances.

The respondent alleged in paragraph 4(a)-(h) of their defences that in the course of the performance of their duties it was discovered that 20 bags of columbite each weighing about 50kg i.e almost one ton, kept under key and lock disappeared from the premises on the 1st respondent. The appellants usually kept the keys to the warehouse where the columbite was stored. Police invited to investigate the theft found that an analyzing machine was also missing. Only the 2nd respondent filed a statement of defence on 31st May, 2006 denying liability…

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