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ADMINISTRATIVE STAFF COLLEGE OF NIGERIA V. E. K. AKINBAMI

(2007) JELR 51764 (CA)

Court of Appeal  •  CA/L/107/03  •  25 May 2007  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA (Presided) RAPHAEL CHIKWE AGBO JCA ADZIRA GANA MSHELIA JCA (Read the Lead Judgment)

Appearances
O. Onamade (with him, O. Apalara Esq) - for the Respondent.

Judgement

MSHELIA JCA (Delivering the Lead Judgment): The respondent sued the appellant before Lagos State High Court, Ikeja Division in suit No. ID/896/92 claiming in his amended statement of claim paragraph 21 thereof as follows:- “(1) Adeclaration that the purported termination of the plaintiff’s employment by the defendant throughthe letter dated 1/11/91 was invalid and ineffectual, and the said purported termination was illegal, null and void and of no effect whatsoever.

A declaration that the plaintiff is still in the defendant’s employment.

An order that the defendant do pay to the plaintiff all arrears of salary, housing, transport, leave and other allowances from 1st November, 1991.

Alternatively to claims (1), (2) and (3) above.

Adeclaration that the purported termination of the plaintiff’s employment was wrongful.

Damages as follows:-

(a) Salaries for 14 years (up to age 60) at N9,168 per year (plus yearly increment) - N28,352.00

Gratuity if the plaintiff had retired at 60 years old, i.e.…

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