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AFRICAN CONTINENTAL BANK PLC v. S. I. C. ODUKWE

(2004) JELR 47170 (CA)

Court of Appeal  •  CA/B/2/97  •  17 Jun 2004  •  Nigeria

Coram
PATRICK IBE AMAIZU JCA; AMINA ADAMU AUGIE JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the then Bendel State High Court sitting at Agbor in the present Delta State. The plaintiff's claim endorsed on the writ of summons issued on 12th November, 1990 and amended in paragraph 16 of the amended statement of claim reproduced hereunder:

"1. A declaration that the plaintiff is still in the employment of the defendant and is entitled to the benefit accrued since the 1st day of September, 1985 when the defendant purportedly illegally and wrongfully dismissed plaintiff from its service, and/or

2a. A declaration that the plaintiff is entitled to the benefit of a retirement with all his right and privileges given to him by virtue of his employment by the defendant.

(b) Order of court that the plaintiff be paid special damages as follows:

(1) Balance leave grant unpaid 838.20

(2) Send off for retired officers 1,000.00

(3) Half salary as a result of suspension from duty between July-September…

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