MICHELIN (NIG.) LTD
V.
ALARIBE

(2009) JELR 50910 (CA)    

Court of Appeal  ·  CA/PH/480/2006 ·  14 Jul 2009 ·  Nigeria
CORAM
TIJJANI ABDULLAHI JCA (Presided) KUDIRAT M. O. KEKERE-EKUN JCA EJEMBI EKO JCA (Read the Lead Judgment)
Core Terms Beta
respondent
appellant
plaintiff
learned trial judge
fair hearing
exhibit p
conditions of service
exhibits m
chief engineer
exhibit a
technical verifier
lead judgment
exhibit g
order of this honourable court
said letter
trial court
circumstances of this case
statement of claim
supply of the item
absence of such provision
act of insubordination
breach of the provisions of article
case of the appellant
chief magistrate’s court
clear case
company nigeria limited of no.
conditions of the contract of employment
co. nigeria limited
criminal charge
date of his dismissal
date of his suspension
decision of the rivers state high court
dismissed employee
dismissed officer right of fair hearing
following companies
interest of the company
learned trial judge find
lieu of notice of termination
mere master
meritorious services
months’ salaries
notice of appeal
p aid
passport photographs of the respondent
respective parties
senior staff of the appellant
serious conflict of interest
technical verifier of the defendant
term of contract of employment

EKO JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Rivers State High Court (coram: M.D. Goodhead, J.) delivered on 3 November 2000. The notice of appeal signed by O.C.J.

Okocha SAN, was dated and filed on 15 December 2000. The appeal complains against: That part of the judgment/decision whereby the learned trial Judge held that the plaintiff was not afforded a fair hearing before his dismissal by the defendant, and thereupon adjudged that the plaintiff was entitled to salaries and benefits from 29 July 1997 (the date of his suspension from duty) to 26 January 1998 (the date of his dismissal) and three (3) months’ salaries and benefits in lieu of notice of termination of his employment.

The respondent was the plaintiff at the trial court. Until 26 January 1998, he was a technical verifier in the employment of the Michelin (Nigeria) Ltd, the appellant. The respondent, as technical verifier, was a senior staff of the appellant. His duty, as tech…

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