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ROCHE CONSTRUCTION NIGERIA LIMITED & ANOR v. MR. VICTOR ENYIDEDE

(2017) LPELR-42438(CA)

In The Court of Appeal of Nigeria

On Monday, the 22nd day of May, 2017

CA/OW/58/2015


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

ROCHE CONSTRUCTION NIGERIA LIMITED & ANR - Appellant(s)

AND

MR. VICTOR ENYIDEDE - Respondent(s)


Summary

INTRODUCTION:
 This appeal borders on Civil Procedure.
FACTS:
This is an appeal against the Judgment of the National Industrial Court, Owerri in Suit NO.NICN/EN/105/2013, delivered on 10/2/15 by Hon. Justice O.Y. Anuwe, wherein the lower Court gave judgment to the Plaintiff and granted the claims of the plaintiff (now Respondent).

At the trial Court, the Respondent, had sought;
(a) A declaration that he is still an employee of the 1st Defendant.
(b) The sum of $7,500,00 (Seven Thousand Five Hundred Euros) or its equivalent in Naira at the Central Bank of Nigeria%u2019s official rate, as at the time of judgment, being his salary for January, February and March 2013
(c) An order directing the 1st Defendant to pay him his salary at the end of every month until the suit is determined.
(d) 10% interest on the judgment debt from the date of judgment and until the judgment debt is liquidated.
(e) N800,000.00 as cost of this action%u201D

Miffed by the said judgment, Appellant filed this appeal.


ISSUES:
A preliminary objection was raised to the competence of the appeal. The Court decided the appeal on the Preliminary objection.


DECISION/HELD:
On the whole, the Court upheld the preliminary objection and, accordingly, strike out the appeal, for incompetence.


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