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OAK PENSIONS LTD & ORS
V.
OLAYINKA

(2017) JELR 37559 (CA)

Court of Appeal 27 Oct 2017 Nigeria
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- The Respondent’s employment as Managing Director/CEO was terminated by the 1st Appellant without issuance of the requisite notice, leading to claims for wrongful termination before the National Industrial Court (NIC). - The trial court fo

Case Details

Suit Number:CA/L/205/2016
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Counsel:O. Badewole For Appellant Wahab Shittu with him, Habeeb Oredola, Ajah Joseph and D.D. Otubu For Respondent

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): This appeal is against the award of two (2) years salary as compensation and February, 2013 salary and three (3) months' salary in lieu of notice, as damages for wrongful termination of employment in favour of the Respondent against the Appellants by the National Industrial Court (NIC) sitting at Lagos in a judgement delivered on 26th of January, 2016

The Notice of Appeal containing three (3) grounds of dissatisfaction with that part of the judgement, was filed on the 2nd of February, 2016 and in the Appellants' brief filed on the 24th of March, 2016, the following issues are said to call for decision in the appeal:-

"1. Whether the learned trial judge breached the Appellants' fundamental rights to fair hearing when the lower Court suo motu raised and resolved Section 19(d) of NICA and thereafter awarded an unsolicited relief of ₦27,376,759.02 (Twenty Seven Million, Three Hundred and Seventy-six Thousand, seven Hundred and Fif…

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