Disable Preloader

CaseLaw

Ezekwere V. Golden Guinea Brew. Ltd (2000) CLR 8(p) (CA)

Brief

  • Company and Allied Matter Act
  • Alternative claim
  • Wrongful act
  • Termination of employment
  • Dismissal of employee

Facts

The PW.4, Dr. A. O. Egejuru, a Pathologist, who issued the Medical Report, Exhibit B, was quite categorical in Exhibit B that the cause of the death of the deceased in his opinion, was: Traumatic and haemorrhogic shock due to soft tissue injuries and subdural haemorrhoge with associated coming (sic) associated upon blunt injury to the head." He observed on the corpse of the deceased that;

Not happy about his dismissal the plaintiff took the matter to court where he prayed the court for a declaration that the letter of his dismissal was contrary to the working rules and regulations of the respondent, illegal and unconstitutional and therefore null and void and of no effect. He also claimed the sum N100, 000.00 being general damages for wrongful dismissal and loss of job opportunity or, in the alternative, reinstatement and declaration that he is entitled to his salaries and entitlements from 1 July, 1983 up to the date of judgment.

The trial court granted the second of the alternative set of reliefs sought by the appellant and also found that the appellant’s dismissal was wrongful. The court also awarded the sum of N600.00 to the appellant as general damages.

Appellant appealed to the Court of Appeal. Respondent also cross-appealed.

Issues

  • 1.
    Whether the appellant’s appointment with the respondent had a...
    Read More