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DURBAR HOTEL PLC v. MR ABELLA ITYOUGH & ORS

(2016) JELR 47237 (SC)

Supreme Court  •  SC.174/2010  •  16 Dec 2016  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): This is an appeal from a decision of the Court of Appeal (Kaduna Division) which affirmed the decision of a Kaduna High Court which held that the respondents properly brought this action in a representative capacity. The facts are these, the respondents and about two hundred and ninety-five persons were former employees of the appellant. The appellant in the month of May, 1997 closed down its operations to carry out major renovation work in the appellant Hotel, and directed the respondents to go on six months compulsory leave. The respondents say that they were sent away without their entitlements paid to them. By their amended statement of claim the respondents claim against the appellant the following reliefs:

(a) A Declaration that the defendant action in keeping the plaintiffs away from duty at the Defendants premises indefinitely as from May, 1997 till date without paying them any amount whatsoever and without due de…

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