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ELIJAH I. EZEKWERE v. GOLDEN GUINEA BREWERIES LIMITED

(2000) JELR 38368 (CA)

Court of Appeal  •  CA/PH/166/93  •  9 Mar 2000  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; IGNATIUS CHUKWUDI PATS-ACHOLONU JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, JCA (DELIVERING THE LEADING JUDGMENT): We are here concerned with an appeal by the plaintiff and a cross appeal by the defendant against the decision of the Abia State High Court (M. O. Maranzu, J) sitting at Umuahia. The plaintiff was, until 5/7/83, in the service of the defendant, a limited liability company, as a sales representative. On that day, the defendant served the plaintiff a letter of dismissal on grounds of misconduct. The letter was put in evidence before the trial court as Exh. E. Prior to the issuance of this letter the defendant had issued two letters of query to the plaintiff concerning the conduct of the latter that it considered to constitute gross misconduct and on which the dismissal was based. These queries were tendered before the trial court as Exhs. 'F' and 'G'. The defendant wrote Exh. 'E', the letter of dismissal, because it was not satisfied with the representations that the plaintiff had made in answer to the allegations made against him in the …

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