ELEM CHUKWU IBATOR & 2 ORS V CHIEF BELL BARAKURO & 3 ORS
June 4, 2025MRS. E.A. LUFADEJU AND ANOR. V EVANGELIST BAYO JOHNSON
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 31111
In the Supreme Court of Nigeria
Sat Apr 7, 2007
Suit Number: SC.27 /2001
CORAM
SYLVESTER UMARA ONU, CHIEF JUSTICE OF NIGERIA
PARTIES
SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED . APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Appellant was an employee of the respondent until 17/5/91 when his appointment was terminated by the respondent without written notice of termination nor payment of three months salaries in lieu of notice. He therefore sued the defendant for wrongful termination and re-instatement
HELD
The court upheld the termination and awarded damages against defendant.
ISSUES
1. Whether the learned justices of the Court of Appeal Benin Division were right in holding that the appellant’s appointment was effectively brought to an end on 17- 5-1991 notwithstanding failure of the respondent to give notice or payment of salaries in lieu of notice.2. Whether in all the circumstance of this case, the proper measure of damages the appellant is entitled to, is three months salaries in lieu of three months notice
RATIONES DECIDENDI
CASES CITED
1. Western Nigeria Develop-ment Corporation V. Jimoh Abimbola (1966) 1 All NLR 159;2. GB. Ollivant (Nigeria) Limited V. Agbabiaka (1972) 2 SC 1373. The Nigeria Produce Marketing Board V. Adewunmi (1972) 11 SC 111,4. Bankole V. N.B.C. (1968) 2 All NLR 3715. Olaniyan V. University of Lagos (1985) 2 NWLR (pt.9) 599
STATUTES REFERRED TO
None.
