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BEMIL NIGERIA LIMITED V. MARCUS EMERIBE & ORS

(2009) JELR 47414 (CA)

Court of Appeal  •  CA/A/203/2005  •  10 Jul 2009  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; JIMI OLUKAYODE BADA JCA; AYEBODE OLUJIMI LOKULU-SODIPE JCA;

Judgement

AYOBODE O. LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Salisu Garba of the High Court of the Federal Capital Territory, Abuja delivered on 29th July, 2005. The High Court of the Federal Capital Territory would be simply referred to as "the lower court" hereafter.

The Respondents as Plaintiffs before the lower court commenced this action by a writ of summons against the Appellant as Defendant. The Respondents claims jointly and severally against the Appellant as set out in the Statement of Claim are for: -

1. A declaration that the termination of their appointment (sic) is unlawful.

2. A declaration that they are all entitle (sic) to payment of one month salary in lieu of notice.

3. A declaration that they are all entitle (sic) to payment of overtime for overtime work done,

4. A declaration that they are all entitled to payment of salaries for the number of days worked before they were sacked.

5. A declaration th…

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