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CHIEF ISAAC EGBUCHU v. CONTINENTAL MERCHANT BANK PLC & ORS

(2016) JELR 37171 (SC)

Supreme Court  •  SC.192/2003  •  26 Feb 2016  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

KUDIRAT M. O. KEKERE-EKUN, JSC (GIVING THE LEADING JUDGMENT): This is an appeal against the judgment of the Lagos Division of the Court of Appeal delivered on 18/7/2002 which set aside the judgment of High Court of Lagos State delivered on 15/12/1995 and made an order of non-suit.

The facts leading to the appeal are as follows: The appellant's case is that he was appointed in 1981 by the 1st respondent as Manager Personnel and Administration. He rose to the post of General Manager in the 1st Respondent and occupied the position until 24/11/1992. He further claimed that he was subsequently appointed as the Managing Director of the 2nd respondent, a subsidiary of the 1st respondent. The necessary statutory documents were filed at the Corporate Affairs Commission in Abuja. He was earning his previous salary and emoluments as in the 1st respondent pending the approval of enhanced conditions of service by the 2nd respondent. It was his contention that before the Board of Directors of the 2n…

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