- Kwara Invest. Co. Ltd v. Garuba
- ₦ 200
Kwara Invest. Co. Ltd v. Garuba
KWARA INVESTMENT COMPANY LIMITED
I. E. A. GARUBA
KWARA STATE INVESTMENT CORPORATION
ATTORNEY GENERAL, KWARA STATE.
COURT OF APPEAL
( ILORIN DIVISION )
MURITALA AREMU OKUNOLA, J.C.A. ( Presided )
PATRICK IBE AMAIZU, J.C.A. ( Read the Leading Judgment )
WALTER S. N. ONNOGHEN, J.C.A.
29 TH MARCH, 2000
ACTION - Civil action - Who can be sued
APPEAL - Respondent in a civil appeal - Meaning of
APPEAL - Cross-appeal - Where not filed - Whether Respondent can attack judgment in Respondent’s Brief
APPEAL - Respondent’s brief of argument - Party not directly affected filing brief of argument - Propriety of
COMPANY LAW - Assets and liabilities - Transfer thereof from one company to another - How done
COMPANY LAW - Assets and liabilities - Transfer thereof from one corporate body to another - Transfer of employee - Whether dismissed employee can be transferred
COURT - Application against the brief of only the 2nd and 3rd Respondents Applicant seeking an order to dismiss the appellant’s brief Whether Court should grant
EVIDENCE - Unsigned document - How treated
JUDGMENT AND ORDERS - Applicant seeking relief against a person against whom no case is made - Whether reasonable
LEGAL PERSONALITY - Body created by Statute - Bringing its life to an end - How done
MASTER AND SERVANT - Contract of employment - Termination thereof Right of an employer to effect - When and why can be done
MASTER AND SERVANT - Contract of employment - Unlawful termination - Damages for - Measure of damages
MASTER AND SERVANT - Contract of employment - Unlawful termination thereof - Remedy available to an employee
MASTER AND SERVANT - Dismissed employee - Whether can be a subject of inheritance by another master
MASTER AND SERVANT - Dismissal of an employee - Where wrongful or null and void - Distinction between
NOTABLE PRONOUNCEMENT - Use of the phrase “to be carried out immediately” in a Court order - How proper
PRACTICE AND PROCEDURE - Appeal - Respondent’s brief of argument - Filing by party not directly affected by appeal - Whether necessary
PRACTICE AND PROCEDURE - Evidence - Unsigned document - Authenticity in doubt - Attitude of Court
PRACTICE AND PROCEDURE - Parties to a suit - Who can be sued
PRACTICE AND PROCEDURE - Preliminary objection against the brief of argument of the 2nd and 3rd Respondents - Application seeking an order to dismiss the appellant’s brief in its entirety - Whether proper
- Whether the Appellant is in law the successor-in-title of the 2nd Respondent as to make it the inheritor of its assets and liabilities.
- Whether the dismissal of the 1st Respondent from the employment of the 2nd Respondent was null and void or merely wrongful but valid.
The 1st Respondent (Plaintiff in the lower Court) was employed by the Kwara State Investment Corporation (2nd Respondent) as an assistant executive 200 Federation Weekly Law Reports 12 June, 2000 officer in 1972. He was later promoted to the post of an executive officer. A Sole Administrator, later appointed to manage the affairs of the 2nd Respondent, by letter dated 25th April, 1984, dismissed the 1st Respondent, from the employment of the 2nd Respondent. The 2nd Respondent thereafter became inactive. The Appellant was incorporated as a limited liability company on the 26th day of March, 1985. On the 20th day of January, 1988, the 1st Respondent, acting under a mistaken belief that the Appellant succeeded to the assets and liabilities of the 2nd Respondent, wrote the General Manager of the Appellant imploring him to reconsider the order of dismissal. In his response, the General Manager informed him that the decision to dismiss him from service was taken outside the 2nd Respondent. The 1st Respondent therefore filed an action at the Omu-Aran Judicial Division of the High Court of Kwara State against the Appellant, 2nd and 3 rd Respondents, claiming a declaration that the order of dismissal is null and void; a review of the said order; reinstatement and payment of all outstanding entitlements. The 1st Respondent’s main contentions were that his dismissal was null and void and that the Appellant, having taken over the assets and liabilities of the 2nd Respondent was bound to review the order of dismissal and recall him to its employment.
The learned trial judge, after taking oral and documentary evidence, held that the 1st Respondent’s dismissal was null and void. He also agreed with the 1st Respondent that the 2nd Respondent succeeded the Appellant. He therefore entered judgment in favour of the 1st Respondent accordingly. The Appellant was dissatisfied with the decision of the lower court and therefore appealed to the Court of Appeal.