Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 43959 (CA)    

Court of Appeal  ·  CA/L/27/96 ·  26 Jun 2000 ·  Nigeria
Other Citations
Omenka v Morison Ind. Plc. (2000) 13 NWLR (Pt.683)147
Omenka v. Morison Ind. Plc. (2000) 13 NWLR (Pt. 683) 147
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
judgment of the high court of lagos
1st defendant company
general damages
leading judgment
monetary award
exhibit p14
conditions of service
notice of cross-appeal
said contract
2nd defendant
articles of association of the 1st defendant company
learned trial judge
member of the board of directors
1st defendant
appellant ought
breach of contract of employment
allied matters act
letter of termination of his appointment
following reliefs
special circumstances
letter of termination
leave allowance
brief of argument
provisions of section
pension funds
total sum
executive director
alternative claim
particulars of damage
conclusion of evidence
employment of the plaintiff
directors conditions of service
supreme court decision
such circumstance
exhibit p12
instant case
trial court
written contract of service
inter alia
legal power
careful study
grand total
written agreement

ADEREMI, J.C.A. (Delivering the Leading Judgment): The appeal here is against the judgment of the High Court of Lagos sitting at Ikeja delivered on 9th December, 1994. The plaintiff (hereinafter referred to as the appellant) had claimed from the defendant (hereinafter referred to as the respondent/cross-appellant) in the Court below the following reliefs:-

(1) A declaration that the letter of termination signed by the 2nd defendant purportedly for the 1st defendant dated 25th October, 1996, is null, void and of no effect whatsoever.

(2) A declaration that the plaintiff is still a member of the board of directors of the 1st defendant company and is still in the employment of the said 1st defendant company as Executive Director.

(3) A perpetual injunction restraining the defendants whether by themselves, their privies, agents and assigns or otherwise howsoever from unlawfully and wrongly interfering in any manner whatsoever with the employment of the plaintiff as Executive Director, oth…

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