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BASHIRU ATANDA V. H. SAFFEIDDINE TRANSPORT LTD.

(2007) JELR 47189 (CA)

Court of Appeal  •  CA/I/12/04  •  14 Jun 2007  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA;

Judgement

AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant was a Tanker Driver with the Respondent Company and by a letter dated 5th of January 1998, he was informed that his "services are no more required with effect from 05/1/98/." When all efforts to persuade the Respondent to rescind its decision failed, he engaged the services of counsel, Prince Bioye A.

Oloyede Asanike, who wrote a number of letters to the Respondent, and when that also failed to achieve any results, he instituted an action at the Ibadan High Court of Oyo State, wherein he claimed as follows in the Writ of Summons-

(1) A Declaration that the termination of the Plaintiffs appointment by a letter dated 1st January 1998 is Illegal, unconstitutional and not in accordance with the terms and conditions of his employment with the Company. (Italics mine)

(2.) N10 Million Naira as general damages for the unlawful termination of the Plaintiff's employment.

He claimed the same reliefs in paragraph 16 of the Statement o…

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