Mr. D. O. Orji V. Zaria Industries Ltd. & Anor. (1992)

LawGlobal-Hub Lead Judgment Report

B. WALI, J.S.C.

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 void.
3. A declaration that the aforesaid letter of termination is contrary to the plaintiff’s memorandum of appointment as contained in his letter of appointment dated 28th June 1976.
4. A declaration and an order that the plaintiff holds and still maintains a permanent and pensionable appointment in the designation of Assistant General Manager (Finance) in the employment of the 1st defendant.
5. A declaration and an order that the plaintiff be reinstated to his former office and be paid his benefits as herein below enumerated.

(i) salary at the monthly rate of N1420 per month from June 1988 until judgment is delivered in this suit.

(ii) Leave and other miscellaneous allowances as computable by the defendant’s rules and regulation.

6. An order of injunction restraining the defendants either by themselves or through their servants, agents and privies from enforcing or purporting to enforce the terms of the aforesaid termination or relying on the alleged facts as contained in the said letter of termination in the determination of the plaintiff’s employment.

ALTERNATIVELY

7. (a) The plaintiff claims in the alternative that he is entitled to be paid 1 1/2 months salary for each of the 12 years of completed service that he rendered to the company.

(b) Sundry claims.

(c) N50,000.00 General damages.”

The Writ of Summons together with the Statement of Claim and the Motion on Notice for an order of interim injunction were apparently filed on the same date and subsequently served on the Defendants /Respondents.