(2012) JELR 49314 (CA)    

Court of Appeal  ·  CA/B/63/2007 ·  11 Jun 2012 ·  Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
learned trial judge
permanent staff
public servants
general damages
trial judge
good conscience
abuse of process
fair play
meritorious service
natural justice
application of their internal statutory regulations
dismissal of the plaintiffs
major issues
only issue
relevant issues
special damages
strong case
wrongful dismissal
additional grounds of appeal
appellant of a term
award of costs
determination of their employment
documentary evidence
favourable judgment of the court
favourable judgment of this honourable court
final analysis
following declarations
issue no.
issue of misjoinder of parties
leading judgment
leave of this court
notice of appeal
omnibus ground
plaintiffs claim
raphael chikwe agbo j.c.a.
said issues
separate contracts of employment
suit no.fhc
sum of n100,000.00
temporary employees of the appellant
weight of evidence

RAPHAEL CHIKWE AGBO J.C.A. (Delivering the Leading Judgment): The respondents were temporary employees of the appellant. They were relieved of their employment by the appellant and each paid off with the sum of N100,000.00. Dissatisfied with the determination of their employment by the appellants they filed Suit No.FHC/B/CS/186/2004 wherein the appellants claimed in paragraph 29 of their amended statement of claim as follows:

"29. The plaintiffs claim from the defendant as follows:

(i) Declaration that the purported termination and dismissal of the plaintiffs by the defendant is wrongful, illegal, null, void and of no effect.

(ii) A declaration that the plaintiffs having put in between 8-12 years of selfless, tireless and meritorious service in the defendant's company cannot be regarded as temporary staff but permanent staff.

(iii) An order that plaintiffs are entitled to all benefits and entitlements enjoyed by permanent staff upon the expiration of 6 months after their employment.


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