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BABATUNDE AJAYI V. TEXACO NIGERIA LIMITED & ORS

(1987) JELR 42725 (SC)

Supreme Court  •  SC.230/1985  •  12 Sep 1987  •  Nigeria

Coram
MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC ANTHONY NNAEMEZIE ANIAGOLU JSC BOOYAMIN OLADIRAN KAZEEM JSC CHUKWUDIFU AKUNNE OPUTA JSC

Appearances
Mr. Kayode Sofola For the Appellant; Mr. George Nicol For the Respondent.

Judgement

OBASEKI, J.S.C. (Delivering the Leading Judgment): On the 30th day of June, 1987, after hearing the submissions of counsel for the appellant and counsel for the respondents and reading the written briefs of arguments filed by the parties together with the record of proceedings, judgments of the Court of Appeal and the High Court, i.e. the two courts below, I, in concurrence with my learned brothers dismissed this appeal and reserved my reasons for the judgment till today. I now proceed to give them.

The claim filed by the appellant as plaintiff against the respondents as defendants in the High Court of Lagos State Holden at Lagos as set out in paragraph 29 of the statement of claim reads:

"The plaintiff claims against the 1st defendant company:

1. A declaration that:

(a) The plaintiff is the Operations Manager of the 1st defendant company under a contract of employment;

(b) Any breach of the said contract of employment between the plaintiff and the 1st defendant company is illegal, in…

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