ONI
V.
CADBURY NIGERIA PLC

(2016) JELR 37197 (SC)

Supreme Court 22 Jan 2016 Nigeria
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- The appellant filed a claim for wrongful and unlawful termination of employment against the respondent in the High Court of Lagos State. - The appellant claimed that the respondent terminated his contract of employment without proper noti

Case Details

Suit Number:SC.546/2013
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Counsel:C. A. Candide-Johnson, SAN, with O.A. Falore For Appellant F. Oditah, SAN, with O. Enunwa For Respondent

CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): At the High Court of Lagos State, Ikeja Judicial Division, the appellant in this appeal (as Claimant) took out a writ of Summons, accompanied by a Statement of Claim, against the respondent herein (as defendant). His claim before the said Court (hereinafter referred to as, the trial Court) was (on the face of it) for wrongful and unlawful termination of his of employment.

For their hearing on the ultimate outcome of this case, the pleadings, his grouse against the respondent are set out hereunder:

5. The express terms of his contract of employment as executive director provide for the payment of salary

6...

7. On 11th December, 2006, when the Claimant had been summoned to London by the principal Company (CSP) and remained there on their instructions, the defendant peremptorily repudiated the Claimant's contract of employment by a letter signed by one "??Imo J. Itsueli, Chairman" purportedly on behalf of the defendant.

(In passing, …

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