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SHAMSIDEEN ABOLAKE BAKARE V. NIGERIAN RAILWAY CORPORATION

(2007) JELR 49065 (SC)

Supreme Court  •  SC.51/2002  •  13 Jul 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC; ALOMA MARIAM MUKHTAR JSC; MAHMUD MOHAMMED JSC; FRANCIS FEDODE TABAI JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

C. M. CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): The plaintiff, a former staff of the defendant sued the defendant in the High Court of Lagos State claiming the following reliefs:-

(a) A declaration that the letter references No. EDO.1028/ CON/172 dated 25th January, 1993 and letter reference No. 20663/CON/171 dated 8th of March, 1993 written by the defendant purportedly accepting the notice of withdrawal of service of the plaintiff to remain in its employment is irregular, illegal, null and void and of no effect.

(b) A declaration that the plaintiff's employment has not been duly determined in accordance with the terms and conditions of his services.

(c) An order reinstating the plaintiff to the post and station without loss of seniority and privilege to contemporaries on officiating capacity in the employment of the defendant.

Having ignited this claim by serving the writ of summons on the defendant, parties filed and exchanged their pleadings. The core of the defendant'…

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