Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MACMILLAN (NIG) PUBLISHERS LTD
V.
CHINEDU

(2021) JELR 108819 (CA)    

Court of Appeal  ·  CA/MK/259/2013 ·  1 Sep 2021 ·  Nigeria
CORAM
Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA

Ratio Decidendi

Core Terms Beta
appellant
jurisdiction
issue
issues
trial court
apex court
lower court
servant relationship
appellant urge
national industrial court
oral evidence
statement of claim
18th april
appellant’s brief
common law
yargata byenchit nimpar
23rd day of october
appellate jurisdiction
benue state
clear provision
constitutional provision
cordelia ifeoma jombo-ofo
determination of this suit
employer of the respondent
employment contract
employment matter
favour of the respondent
final judgment
following reliefs
hon. justice m. a. ikpambese
ignatius igwe agube
industrial relations
leading judgment
letter of dismissal
lifeblood of any proceeding
notice of appeal
order of the court
peter-odili
progressives congress
result of the acts of the defendant
said dismissal
service of the appellant
state high court lack jurisdiction
state high court of jurisdiction
strength of his own case
subject matter
subject matter of the claim
trade union
unambiguous provision of section
weakness of the defence

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice, Benue State sitting at Makurdi and delivered by HON. JUSTICE M. A. IKPAMBESE on the 23rd day of October, 2012 wherein judgment was entered in favour of the Respondent by granting all the reliefs sought in paragraph 13(a)–(f) of the statement of claim. The Appellant dissatisfied with the judgment filed a Notice of Appeal and later an Amended Notice of Appeal dated 30th October, 2013 filed on the 8th November, 2013 setting out 5 grounds of Appeal.

Facts leading to this appeal are straight forward and amenable to brief summary. The Appellant as Defendant at the lower Court is a duly registered company and the employer of the Respondent/Plaintiff. On the 18th April, 2012, the Respondent was dismissed from the service of the Appellant via a letter of dismissal and aggrieved by his dismissal from service, the Respondent proceeded to the lower Court on the 14th …

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