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M. Kwajafah v.United Nigerian Textiles Plc

(2009) JELR 46711 (CA)

Court of Appeal  •  CA/K/300/2006  •  2 Jul 2009  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant worked with the Respondent for thirty four years. He was found with company property i.e. aluminum electrodes in his clothes when closing for the day and was summarily dismissed. Aggrieved by the fact that he was dismissed without investigation, he filed an action at the Kaduna State High Court, and claimed for-

1. A Declaration that his dismissal by the Respondent was wrong and therefore null, void and of no effect having not been investigated;

ii. An Order directing the Respondent to pay him the sum of N1.5m being monies accrued to him while in the Respondent's services;

iii. N500,000.00 being general damages and loss of earnings; and

iv. The cost of the action.

Upon being served, and without filing a Statement of Defence, the Respondent filed a Motion on Notice praying the lower Court for-

"An Order striking out the Statement of Claim and dismissing the Suit, no cause of action having been shown by the Plaiā€¦

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