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Petroleum Training Institute v. Matthew

PETROLEUM TRAINING INSTITUTE

V

MR. IYEKE MATTHEW (and 26 Others)

COURT OF APPEAL

( BENIN DIVISION )

GEORGE OLADEINDE SHOREMI JCA ( Presided )

OYEBISI FOLAYEMI OMOLEYE JCA

ALI ABUBAKAR BABANDI GUMEL JCA  (Read the Lead Judgment)

CA/B/255/2005

FRIDAY, 4 MARCH 2011

ACTION - Cause of action - Meaning of  - What consists of - Reasonable cause of action - When exists

ACTION - Cause of action - When arises

APPEAL - Issues for determination - Proliferation of - Impropriety of

COURT - Where makes contract for parties - Impropriety of

MASTER AND SERVANT - Contract of service - Duty on employee to found action commenced thereby against an employer thereon Breach of contract of employment - Proof of - Whether duty of employer - Terms of contract of service - Bindingness of court thereby

WORDS AND PHRASES - ‘Putting something on hold’ - What infers

Issue:

Whether the 1st - 26th respondents proved their case in order to get judgment as granted by the trial court or in the alternative, whether the respondents had any cause of action against the appellant or the locus to institute the action.

Facts:

The plaintiffs by originating summons sought from the Edo State High Court the determination of the following questions, whether the defendants are justified in withholding the monthly salary and allowances of the plaintiffs since December 2002 and whether the plaintiffs are not bona fide staff of the defendants since February 2003. They prayed for declaratory and injunctive reliefs that; the plaintiffs were employed as staffs by the defendants with effect from December 2002 and are entitled to their monthly salary and allowances since February 2003 and, order restraining the defendants from discriminating against the plaintiffs in any manner whatsoever. The defendants filed a preliminary objection seeking a striking out of the suit on grounds of want of jurisdiction and incompetence. The trial court dismissed the objection and  granted plaintiffs’ claims. Aggrieved, the defendants appealed to the Court of Appeal.