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SANTOS M. BATALHA v. WEST CONSTRUCTION COMPANY LIMITED

(2001) JELR 46936 (CA)

Court of Appeal  •  CA/B/130/98  •  30 Apr 2001  •  Nigeria

Coram
NIKI TOBI JCA; RAPHAEL OLUFEMI ROWLAND JCA; SAKA ADEYEMI IBIYEYE JCA;

Judgement

NIKI TOBI, J.C.A. (Delivering the Leading Judgment): The appellant is a Portuguese. By letter, dated 4th July, 1992, he was appointed as a Project Engineer, at the West Construction Company Limited, the respondent. It has its registered office at No. 47 Siluko Road, Benin City. The 2nd defendant was the Chairman/Managing Director of the Company. The appellant said that when he left the services of the respondent, he was not paid his salaries. By a letter, dated 30th April, 1993, the appellant withdrew his services. He filed an action claiming

(1) the sum of N4,000.00 being arrears of local salary/allowance and interest at the rate of 21% until judgment is delivered

(2) USD $17,500, being arrears of offshore salary/allowance and interest at the rate of 6% until judgment is delivered.

The learned trial Judge took evidence from the parties. After the address of counsel for the parties, he gave judgment in favour of the respondent on the ground that, the contract of employment was illeā€¦

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