The Supreme Court of Nigeria in the case of SHENA SECURITY CO. LTD VS - AFROPAK (NIG) LID & 2 OTHERS (2008) LPELR 368/2002; (2008) 18 NWLR (pt.1118) 77, (2008)4-5 S.C (PT 11) 117 laid down the following factors that should guide counts in determining which kind of contract parties entered into. a) If payments are made by way of "wages" or "salaries" it is indicative that the contract is one of service. If it is a contract for service, the independent contractor gets his payment by way of "fee" in the case at hand; remuneration is neither payment of wages or salaries nor payment of fee. The contractual agreement was modeled upon an apprentice style where the labour of the servant is remunerated by way of settlement at the end of the contract to assist such servant or employee continue on his own rather than payment of monthly salary which the employee may not be able to save and startup a business of his own. The claimant was therefore; to be paid b
Law and Legal Issues