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MR. KELVIN IHESIABA & ORS v. CHIEF MATHEW OCHEPA

(2015) JELR 44224 (CA)

Court of Appeal  •  CA/J/22/2013  •  17 Jun 2015  •  Nigeria

Coram
JOSEPH TINE TUR JCA; IBRAHIM SHATA BDLIYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): The appellants alleged that at diverse occasions the respondent employed them to work as security guards in Makeri Smelting Company Ltd., a company under receivership at the time this suit was filed in the Court below on 15th December, 2005. Their appointments were in the course of performing their respective duties terminated without the payment of their individual salaries and allowances.

The respondent alleged in paragraph 4(a)-(h) of their defences that in the course of the performance of their duties it was discovered that 20 bags of columbite each weighing about 50kg i.e almost one ton, kept under key and lock disappeared from the premises on the 1st respondent. The appellants usually kept the keys to the warehouse where the columbite was stored. Police invited to investigate the theft found that an analyzing machine was also missing. Only the 2nd respondent filed a statement of defence on 31st May, 2006 denying liability…

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