Ratio DecidendiRatio DecidendiRatio Decidendi


(1997) JELR 45423 (CA)    

Court of Appeal  ·  CA/K/166/94 ·  12 Jun 1997 ·  Nigeria
Other Citations
P.A.N. v. Oje (1997) 11 NWLR (Pt.530)
P.A.N. v. Oje (1997) 11 NWLR (Pt. 530) 625
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
conditions of service
learned trial judge
paragraph c of exhibit
statement of claim
years of service
ex-gratia payment
lower court
statement of defence
issue no.
payment of gratuity
redundant staff
basis of page
ex-gratia benefit
favour of the respondents
gratuity benefit
award of gratuity
burden of strict proof
closer examination
conditions of service of the respondents
context of the holding of the learned trial judge
court of appeal act
dates of employment
end of year
ex gratia
finding of the learned trial judge
following issue
following issues
full trial
henry campbell black
joint statement of claim
kaduna state high court
leading judgment
number of years
payment of redundancy benefits
peugeot automobile nigeria limited
production target of the year
respective parties
respondents claims
respondents suit
such benefits
such category of staff
such type of removal
years service

MUHAMMAD, JCA (Delivering the Leading Judgment): Peugeot Automobile Nigeria Limited is an automobile plant based in Kaduna and specialized in assembling and sale of Peugeot cars. The respondents who were the plaintiffs at the Kaduna State High Court, instituted an action for themselves and on behalf of over 1000 co-workers against the appellant/defendant who relieved them of their employments as a result of declaring their posts redundant. Each of the respondents was employed by the appellant under a separate agreement. Dates of employment varied ranging from 1975 to 1986.

In their joint statement of claim, the respondents/plaintiffs in paragraph 18 asked for the following reliefs:

"(18.1) A declaration that each of the plaintiffs who has completed 5 years of service with the defendant, is entitled under the defendant's terms and conditions of service to payment of gratuity based upon the number of years served in the defendant's service and an order for payment of same.

2. An order …

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