LOVLEEN TOYS INDUSTRIES LIMITED VS FEMI ADEWALE KOMOLAFE

CORAM

PARTIES

LOVLEEN TOYS INDUSTRIES LIMITED APPELLANTS

FEMI ADEWALE KOMOLAFE

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondent who was an employee of the appellant filed a suit at the trial court against the appellant where he claimed for various compensations ranging from injuries sustained while working in the appellant’s factory at Ota, Ogun State. The Defendant (now appellant) raised an objection challenging the competence of the trial court to determine the suit. The Plaintiff (now Respondent) also filed a notice of preliminary objection against said Defendants objection and also filed a motion praying the trial court for a transfer of the suit before an appropriate High Court.

The suit was struck out by the trial court; the appellant appealed to the Court of Appeal for extension of time to file a notice of appeal against the decision of the High Court, the Court of Appeal struck out the application as incompetent. Dissatisfied by the decision of Court of Appeal, the appellant appealed to the Supreme Court.

HELD

APPEAL ALLOWED

ISSUES

NONE

RATIONES DECIDENDI

CONDITIONS FOR GROUND OF APPEAL

“An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal as of right in the following cases:

(a) Where the ground of appeal involves questions of law alone, decision in any civil or criminal proceedings;
(b) decision in any civil or criminal proceedings on question as to whether any of the provision of the chapter IV of this constitution has been, is being or likely to be contravened in relation to any person.” PER CLARA BATA OGUNBIYI, JSC

“An appeal shall lie from decisions of the Federal High Court or a High Court to the Court of Appeal with leave of the Federal High Court or Court of Appeal.” PER CLARA BATA OGUNBIYI, JSC

CASES CITED

NONE

STATUTES REFERRED TO

SECTION 241 & 241 (1) OF 1999 CONSTITUTION OF NIGERIA

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