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Flour Mills (Nig.) Plc. vs. Okosun

FLOUR MILLS OF NIGERIA PLC

V

MR. CHARLES SUNDAY OKOSUN

MR. SAKA OLADIMEJI SANNI

COURT OF APPEAL

( LAGOS DIVISION )

JAMES OGENYI OGEBE JCA ( Presided and Read the Lead Judgment )

PIUS OLAYIWOLA ADEREMI JCA

MUSA DATTIJO MUHAMMAD JCA

CA/L/448/02

THURSDAY, 10TH JUNE, 2004

COURT - Judgment of - Accidental slips in - Power of court to correct

JUDGMENT AND ORDERS - Accidental slips in judgment - Power of court to correct

Issue:

Whether having regard to all the facts and circumstances of this case, the judgment and orders of the court below ought to be set aside.

Facts:

Fourteen different plaintiffs, (amongst whom were the 1st and 2nd respondents in this appeal) were salaried junior workers of Flour Mills of Nigeria PIc. whose contracts of employment had been terminated on grounds of redundancy between 31st October, 1986 and 31st December 1986 . Each filed a case at the Ikeja High Court, and were assigned suit Nos. 1103/91-1116/91. The first of the cases with suit No. 1103/91 was entitled Charles Sunday Okosun vs. Flour Mills Nig. Plc.

At an interlocutory stage of the proceedings and in an effort to save time and costs, the counsel to the plaintiffs (all the plaintiffs were represented by the same counsel) applied by notice (one joint application) for further directions; that all the other actions save suit No. 1111/91 between Saka Oladimeji Sanni vs. Flour Mills of Nig. PIc. be stayed to await and abide by the judgment in the said suit No. 1111/91. His prayer was granted. However upon delivering its judgment on 2nd October 2002, the suit No. was 1103/91 and the parties were Mr. Charles Sunday A. Okosun vs. Flour Mills Nig. PIc, though the body of the judgment contained entirely suit No. ID/1111/91, Mr. Saka Oladimeji Sanni vs. Flour Mills Nig. Plc., where the court gave judgment in favour of the 2nd respondent in this appeal.

Dissatisfied with the judgment, the appellant appealed to the Court of Appeal. The respondent also filed a respondent’s notice urging the court to correct the title of the judgment.