AFRICAN CONTINENTAL BANK PLC v. S. I. C. ODUKWE
June 11, 2025GABRIEL EZEZE & ANOR V THE STATE
June 11, 2025Legalpedia Citation: (2004) Legalpedia (CA) 11011
In the Court of Appeal
Thu Jun 10, 2004
Suit Number: CA/L/448/O2
CORAM
JAMES OGENYI OGEBE JUSTICE, COURT OF APPEAL
PIUS OLAYIWOLA ADEREMI ,JUSTICE, COURT OF APPEAL
PARTIES
FLOUR MILLS OF NIGERIA PLC APPELLANTS
MR. CHARLES SUNDAY OKOSUN MR. SAKA OLADIMEJI SANNI RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Fourteen (14) cases were filed cumulatively by 14 different Plaintiffs. All the Plaintiffs were salaried junior workers of Flour Mills of Nigeria Plc whose contracts of employment had been terminated on grounds of redundancy. All the Plaintiffs were claiming their pecuniary terminal entitlements. At an interlocutory stage of proceedings and in an effort to save time and costs, the Counsel to the Plaintiffs through a joint application, applied for further directions, in all the cases, he applied that all the actions be stayed except Saka Oladimeji Sanni V. Flour Mills of Nigeria Plc and the judgment in the case shall apply “mutatis mutandis” to all the other actions’. The Court granted the application, but the body of the judgment however contained entirely Saka Oladimeji Sanni vs. Flour Mills of Nigeria Plc wherein the trial Court gave judgment in favour of 2nd Respondent in this appeal. Dissatisfied with the judgment the Defendant/Appellant appealed to this Court.
HELD
Appeal Dismissed
ISSUES
Whether, having regard to all the facts and circumstances of this case, the judgment and orders of the court below ought to be set aside.Whether the Judgment of 2nd October 2002 was delivered in Okosun’s case.
RATIONES DECIDENDI
SLIP- WHETHER AN ACCIDENTAL SLIP IN A JUDGMENT CAN BE CORRECTED
“In the case of Ashiyanbi & Others vs. Adeniji (1967) NSCC Vol.5 page 82 the Supreme Court held that when the intention of the court is clear, but due to accidental slip in the judgment that intention was not carried out such a slip can be corrected”. PER OGEBE JCA
CASES CITED
Ashiyanbi & Others vs. Adeniji (1967) NSCC Vol.5 page 82
STATUTES REFERRED TO
Court of Appeal Act
