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A. O. AFOLABI & ORS V. WESTERN STEEL WORKS LIMITED & ORS

(2002) JELR 47047 (CA)

Court of Appeal  •  CA/L/23/99  •  22 May 2002  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

G. A. OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellants were the plaintiffs before the Lagos State High Court in Suit No. LD/1285/82 and respondents the defendants. The issues to be decided in this appeal fall within a very narrow compass. The relevant facts are these:

The plaintiffs were employees of the 1st defendant. The 1st defendant declared them redundant. Prior to the declaration, the 1st defendant had entered into in agreement with the plaintiffs to pay them some benefits in consequence of the redundancy declared. The 1st defendant failed and or neglected to pay the benefits. The plaintiffs sued the 1st defendant before the lower Court claiming damages. The plaintiffs amended there pleadings and added several other plaintiffs. The 3rd defendant who is now appellant was joined to the suit. In the pleading it was alleged that the appellant had acquired the assets and liability of the 1st defendant by purchase. The appellant denied that it acquired the liabilitie…

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