CaseLaw
Orji V. Zaria Ind. Ltd (1992) CLR 1(k) (SC)
Brief
Facts
Appellant was the Assistant General Manager (Finance) of the 1st respondent Company but his employment was terminated whereupon he filed a suit challenging the termination.
A motion on Notice for an order of interim injunction was also filed to restrain the respondents from acting on or giving effect to the letter of termination pending the final determination of the substantive suit.
The learned trial Judge dismissed the application stating that it was a general rule that a court cannot impose a willing employee on an unwilling employer and that it would take a relatively long time to dispose of the substantive suit; and there was nothing before her to show that the inconvenience the plaintiff would suffer if the application was refused could not be compensated for by way of damages should the plaintiff succeed in his claim in the substantive suit.
The appellant, being dissatisfied with the ruling, appealed to the Court of Appeal which dismissed it.
A further appeal was made to the Supreme court