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CaseLaw

Iyase V. UniBen T.H.M.B (2000) CLR 1(a) (CA)

Brief

  • Fresh point on appeal
  • Contract of employment
  • Contract of service
  • Averments in pleadings
  • Termination of employment

Facts

The plaintiff's case at the trial was that he was employed as a security man on 15/10/75 by the defendant which is a Federal Government parastatal situate in Benin City. He rose progressively from the post of security man on probation being a junior cadre to the office of Assistant Security Officer on 1/10/88 b being Senior Cadre. He remained in this position until his appointment was terminated on 15/7/92. He went on to testify and identify the several documents he pleaded in his paragraphs 1,2,3,4,5,6,7,8 and 10 of the Amended Statement of Claim.

The thirteen documents are in evidence as exhibit A to N. Exhibit A is a booklet on the Conditions of Service while exhibit B is titled "Offer of Appointment" which apparently contains the conditions of service. Exhibit C is the letter confirming the appointment of the appellant while exhibits D,E,F,G,H,J and K dealt with promotions, regarding and attendant remuneration. Exhibits L,M and N were in respect of invitation to appear before a committee of inquiry. Exhibits P and Q are letters which related to the interdiction of the appellant while exhibits R and R1 are letters of protest to the respondent's letter of termination (exhibit 0) to the appellant's appointment. It should be noted that exhibit O is product of cross-examination. Learned counsel for both parties addressed the trial Court.

In a considered judgment, the learned trial judge partly gave judgment to the appellant by allowing only relief No. 1 and dismissing reliefs No. 2 and 3 in the appellant's claim in the following terms:

"In the result, Plaintiff's action succeeds in part as follows:-

  • a.
    It is hereby declared that the termination of Plaintiff's appointment by Defendant before the retiring age of 55 years was null and void.
  • b.
    The declaration and order sought in paragraphs 22(2) and (3) of the Statement of Claim (six) are hereby refused and dismissed.
  • c.
    The Defendant is hereby ordered to pay the plaintiff his terminal benefits in accordance with exhibit A for his years of service.
  • d.
    …….(not relevant)………"

The appellant was aggrieved with the judgment, and appealed to the Court of Appeal.

Issues

  • Whether the trial court was right in law in refusing to order the reinstatement...
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