INYERE AKPUENYA V. THE STATE
August 6, 2025O. A. KUKOYI & ORS V. ADIATU LADUNNI
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 11211
In the Supreme Court of Nigeria
Fri Oct 29, 1976
Suit Number: SC. 240/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
OLAYINKA KUSAMOTU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, a legal practitioner was dismissed from the employment of the respondent during his extended probationary period. This appeal inter alia challenges the failure of the trial court to award cost in appellants favour.
HELD
The court held that the appellant was entitled to costs.
ISSUES
“whether the appellant is entitled to a longer period of notice of dismissal and consequently a larger sum of money in lieu thereof than he actually got from his employers, the respondents.”
“failure of the trial court to award costs in favour of the appellant”
RATIONES DECIDENDI
REASONABLE NOTICE
“What is reasonable notice must vary with facts of each given case; and in determining what amounts to reasonable notice regard must be taken of the circumstances and type of employment, local, professional or trade customs; and, generally, decided cases can only be looked upon as guides for they do not, in the circumstances, lay down any rule of law” IDIGBE, JSC
LENGTH OF NOTICE REQUIRED FOR TERMINATION OF CONTRACTS OF EMPLOYMENT
“The law is that, generally, the length of notice required for termination of contracts of employment depends on the intention of the parties as can or may be gathered from their contract and in the absence of any express provision, the courts will always imply a term that the employment may be terminated by a reasonable notice (from either of the parties )” IDIGBE, JSC
CASES CITED
Gabertini v. Waller (1947) 1 All ER 746
Davson v. France (1959) 109 LJ 526
Re-African Association and Allen (1910) 1 KB 396)
STATUTES REFERRED TO
