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HELIOS TOWERS NIGERIA V. MISS. JENNIFER ADIGHIJE

(2017) JELR 37833 (CA)

Court of Appeal  •  CA/L/782/2013  •  12 May 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Appearances
Udochi Iheanacho (Ms.) with him, Favour Uhunmwangbho (Mrs.) For Appellant Ladipo Ojo For Respondent

Judgement

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): This appeal is against the decision of the National Industrial Court (NIC) sitting at Lagos delivered on the 22nd July, 2013 in Suit No.NICN/LA/229/2012 by which the termination of the Respondent's appointment was declared wrongful and damages awarded to her. The grounds contained on the Appellant's Amended Notice of Appeal filed on the 27th October, 2014, without the particulars, are, because of the preliminary objection filed by the Respondent against same, as follows: -

"1. The learned trial Judge erred in Law and denied the Appellant a FAIR HEARING when she held without any pleading on the issue or evidence led by the Respondent on the issue that the Non Compete Clause in the Respondent's Contract of Employment has restrained her from seeking employment in the Telecommunication Industry for two years after the termination of her contract and that she has suffered additional injury keeping to his covenant and thereon award…

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