CaseLaw
Durbar Hotel Plc V. Ityough & Ors (2016) CLR 12(e) (SC).
Judgement delivered on December, 16th 2016
Brief
Facts
In May 1997, the Appellant herein being the former employer of the respondents’ and 295 others closed down its doors to carry our renovation work.Thus, directing the respondents to go on six (6) months compulsory leave.
However, it was alleged by the respondents that they were sent away without their entitlements paid to them.
Subsequently, the respondents filed an action against the Appellant for a wrongful and illegal termination of t employment leading to a gross violation of terms and conditions of their employment.
Consequently, the Appellant filed a motion on notice that the respondents lack the capacity to institute an action on a representative capacity thereby making the action not properly filed. The court ruled in favour of the respondents by dismissing the motion of the Appellant.
Dissatisfied, the Appellant appealed to the Court of Appeal which dismissed same by affirming the decision of the trial court.
Upon dissatisfaction, the Appellant appealed to the Supreme Court.