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NIGERIAN BREWERIES PLC v. MAURICE IKYARKYASE & ORS

(2015) JELR 42257 (CA)

Court of Appeal  •  CA/K/115/2011  •  18 Mar 2015  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/127/2004 delivered by Honorable Justice Hanatu A. L. Balogun on the 5th of June, 2007. The action in the lower Court was commenced by the Respondents, as plaintiffs, against the Appellant, as defendant, and their claims by an amended statement of claim dated the 3rd of April, 2006 were for:

i. A declaration that the outplacement exercise of the Defendant is redundancy exercise which entitles each of the Plaintiffs to the payment of redundancy benefits in pursuance of Article 27 of the Defendant's Employees' Handbook.

ii. A declaration that the Plaintiffs' right to the payment of their gratuity and redundancy benefits is separate and distinct under the Defendant's Employees Handbook and in pursuance of Section 20 of the Labour Act, 1990 and that the said rights are not in the alternative to each other.

iii. A declaration that th…

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