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OAK PENSIONS LIMITED & ORS v. MR. MICHAEL OLADIPO OLAYINKA

(2017) JELR 37559 (CA)

Court of Appeal  •  CA/L/205/2016  •  27 Oct 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): This appeal is against the award of two (2) years salary as compensation and February, 2013 salary and three (3) months' salary in lieu of notice, as damages for wrongful termination of employment in favour of the Respondent against the Appellants by the National Industrial Court (NIC) sitting at Lagos in a judgement delivered on 26th of January, 2016

The Notice of Appeal containing three (3) grounds of dissatisfaction with that part of the judgement, was filed on the 2nd of February, 2016 and in the Appellants' brief filed on the 24th of March, 2016, the following issues are said to call for decision in the appeal:-

"1. Whether the learned trial judge breached the Appellants' fundamental rights to fair hearing when the lower Court suo motu raised and resolved Section 19(d) of NICA and thereafter awarded an unsolicited relief of ₦27,376,759.02 (Twenty Seven Million, Three Hundred and Seventy-six Thousand, seven Hundred and Fif…

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