SPDC NIGERIA LTD.
V.
OMU

(1998) JELR 45639 (CA)    

Court of Appeal  ·  CA/PH/45/98 ·  14 Jul 1998 ·  Nigeria
 · 
Other Citations
Shell Pet. Dev. Co. (Nig.) Ltd. v. Omu (1998) 9 NWLR (Pt.567)
Shell Pet. Dev. Co. (Nig.) Ltd. v. Omu (1998) 9 NWLR (Pt. 567) 672
CORAM
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria SAMSON ODEMWJNGIE UWAIFO Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
applicant
defendant
interlocutory injunction
disciplinary action
case
mr. ukiri
dr. mowoe
grounds of appeal
present case
learned trial judge
said audit report
avoidable loss committee
balogun v
high court
mr. alafun
mr. lawson jack
notice of motion
order of interlocutory injunction
ordinary master
1st ground
appeal of that case
atmosphere of discipline
avoidable loss of n5,000.000
benefit of the said decision of this court
circumstances of the case
confirmed staff of the defendant company
consideration of a stay of execution
department of the applicant company
difficulty point of law
eastern divisional defalcation
finding of the said alafun audit report
high court of rivers
interlocutory order
lower courts
notice of preliminary objection
number of facts
order of perpetual injunction
plaintiffs contract of employment
practical approach
principle of fair hearing
punitive measures
said defendant
special circumstances
substantive action
such relationship
undue hardship

UWAIFO, J.C.A, (Delivering the Leading Ruling): On 19 January, 1998, Okor, J., sitting at the High Court, Port Harcourt, made an order of interlocutory injunction against the appellant/applicant upon a notice of motion by the respondent as plaintiff in the suit in which he prayed as follows:

"An order of interlocutory injunction restraining the defendant, either acting by itself, privies, servants or agents, from taking any disciplinary action against the plaintiff, either by way of warning, suspension from duty, termination or summary dismissal or howsoever interfering (with) the plaintiffs contract of employment, rights and privileges as a confirmed staff of the defendant company, pending the determination of the substantive suit."

At the time of the ruling in which the interlocutory order was made, the plaintiff had not filed any pleading. But the case to be determined in the substantive action is sufficiently, I think, indicated in the reliefs stated in his writ of summons and it …

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