CORAM

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IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURTUTHMAN MOHAMMED JUSTICE, SUPREME COURTUMARU ATU KALGO JUSTI

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURTUTHMAN MOHAMMED JUSTICE, SUPREME COURTUMARU ATU KALGO JUSTI

NIKI TOBI, JSC (Lead Judgment) JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURTUTHMAN MOHAMMED JUSTICE, SUPREME COURTUMARU ATU KALGO JUSTI

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURTUTHMAN MOHAMMED JUSTICE, SUPREME COURTUMARU ATU KALGO JUSTI

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PARTIES

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1. GABRIEL ATIVIE APPELLANT(S) / PLAINTIFF(S)

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 KABEL METAL NIG. LIMITED

DEFENDANTS/ RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The appellant’s employment was terminated by the respondent. The high court declared the termination as wrongful, awarded the sum N11, 325.45 and N2m as special and general damages respectively and reinstated the appellant.

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HELD

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The court held that the appellant is only entitled to two months’ salary in lieu of notice as contained his terms of employment and the that award of damages and reinstatement ordered by the trial court is wrongful.

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ISSUES

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1. Whether this action is in contract or in tort?

2. Whether the Appellant is entitled to the award of the sum of N11,325.45 and N2m as special and general damages.?

 

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RATIONES DECIDENDI

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CASES CITED

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1. Okubule v. Oyagbola (1990) 4 NWLR (Part 147) 723 at 744; 2. Kalio v. Kalio (1975) 2 SC 15;3. Olurotimi v. Ige (1993) 6 NWLR (Part 311) 2574. Kato v. C.B.N. (1999) 6 NWLR (Part 607) 890 at 406; 5. Western Nigeria Development Corporation v. Abimbola (1966) 4 NSCC 172; 6. Nigeria Produce Marketing Board v. Adewunmi (1972) 7 NSCC 6627. Union Beverages Ltd. v. Owolabi (1988) 1 NWLR (Part 68); 8. Union Bank of Nigeria v. Ogboh (1995) 2 NWLR (Part 380) 647 at 664?

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STATUTES REFERRED TO

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The Warsaw Convention as amended at The Hague 19552. The Constitution of the Federal Republic of Nigeria 1999

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