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MRS MARGARET AGOMA V. GUINNESS NIGERIA LTD.

(1995) JELR 35518 (SC)

Supreme Court  •  SC.189/1992  •  17 Feb 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Judgement

OGWUEGBU, JSC (Delivering the Leading Judgment): In the High Court of the former Bendel State the appellant herein as plaintiff brought an action against the defendant claiming the following reliefs:

"(a) a declaration that at all material times, the company is bound by the rule and practice of LIFO;

(a1) a declaration that the said custom exists and binds the defendant Company: i.e. priority of retrenched staff over fresh intakes in the matter of filling resuscitated posts;

(b) a declaration that the Company is bound by its own policy directive:

(c) a declaration that having derived goodwill and benefit from its policy Directive of 29th October, 1984, it is too late now for the defendant to renege in the case of the plaintiff: and plaintiff has acquired a vested right to be treated in accordance with the said Policy Directive:

(d) an order of perpetual injunction that defendant stay action in respect of the advertisement in the Nigerian Observer issue of 9:10:86:

(e) Special damages…

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