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MR. D. O. ORJI V. ZARIA INDUSTRIES LTD. & ANOR.

(1992) JELR 43164 (SC)

Supreme Court  •  SC.240/1989  •  10 Jan 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; EPHRAIM OMOROSE IBUKUN AKPATA JSC; UCHE OMO JSC;

Appearances
J. B. Daudu For Appellant Sanni Aminu For Respondent

Judgement

A. B. WALI, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff filed a Writ of Summons against the respondents as defendants in the Judicial Division of the Kaduna State High Court asking for the following reliefs -

"The Plaintiffs claim as against the defendants jointly and severally is for:

1. A declaration that the letter of termination from the 1st defendant dated the 6th of June 1988 and issued under the authority and hand of the 2nd defendant is wrongful void and of no effect in that the said letter and the decision to terminate the plaintiff;

(a) contrary to the rules of natural justice especially as guaranteed under section 33 of the 1979 Constitution.

(b) Ultra-vires.

(c) Capricious

(d) Malafide and

(e) An abuse of power.

2. A declaration that the letter of termination dated the 6th of June, 1988 issued under the hand of the 2nd defendant for the 1st defendant is contrary to the 1st defendant's rules and regulations for employees and is therefore null and v…

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