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DURBAR HOTEL PLC V. MR. ABELLA ITYOUGH & ORS

(2010) JELR 33251 (CA)

Court of Appeal  •  CA/K/147/2006  •  3 Feb 2010  •  Nigeria

Coram
MOHAMMED L. GARBA JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI - ABADUA JCA;

Judgement

JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Kaduna State presided over by Hon. Justice Esther Inuwa which ruling was delivered on the 24th day of February, 2006 wherein the court dismissed the Appellant's motion on notice dated the 24th day of November, 2005 which sought to strike out or dismiss the Respondents' suit for want of capacity to sue and for the suit not being properly constituted. A brief facts of the case shall suffice. The Respondents who were plaintiffs in the court below, numbering about 300 are employees of the Appellant. Sometimes in April, 1997, the Appellant directed the Respondents to proceed on a six (6) months compulsory leave to enable the Appellant carry out some renovation works in the Appellant's property. Since the Respondents were asked to go on six months compulsory leave by the Appellant till date, the Appellant has not paid the Respondents their salaries and allowances. As a resul…

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