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F.J. AKWADWO V. NITEL TELECOMMUNICATION LTD.

(2012) JELR 34881 (CA)

Court of Appeal  •  CA/A/166/2009  •  14 Jun 2012  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; HUSSEIN MUKHTAR JCA; EJEMBI EKO JCA;

Appearances
Sunday Edward, Esq. For Appellant A.A. Bello, Esq. with Z. A. Bello (Miss) For Respondent

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This appeal, against the decision of the Federal High Court (Coram: S.J. Adah, J) sitting at Abuja, turns on only one issue. That is, whether the trial court was right to have declined jurisdiction in the suit of the Appellant. The Appellant, as the plaintiff, had approached the federal High court claiming:

a. N153, 273.00 (being the short fall of his salary for the period he worked from 1986 - 1993).

b. N986, 661.99 (being the short fall of his salary for the period 1994 - 1997).

c. N50, 000.00 (Accident bounds he was entitled to).

He claimed these sums totaling "N1, 189,934.99 being the entitlements and benefits (he) ought to enjoy and which he did not while in the service and employ of the Defendant." The claim as articulated by the statement of claim rested on one firm fulcrum: contract of service. He claimed these sums as a right against his former employer, the Nigerian Telecommunications Limited (NITEL) that absorbed some fo…

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