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EVANS BROTHERS (NIG.) PUBLISHERS LTD. V. A. S. FALAIYE

(2002) JELR 52509 (CA)

Court of Appeal  •  CA/I/216/2000  •  25 Jun 2002  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA, JCA FRANCIS FEDODE TABAI, JCA

Appearances
Mr. O. Delano (with him, Mr. T. Uweja) - for Appellant. -*- Mr. S. O. Sanni - for Respondent .

Judgement

AKINTAN, JCA (Delivering the Lead Judgment): This is an appeal from the judgment delivered on 22nd June, 1999 by Adeniran, J. sitting at Ibadan High Court in Oyo State. The present appellant was the defendant at the lower court while the respondent was the plaintiff. The plaintiff/respondent was an employee of the defendant/appellant. The cause of action was the termination of the plaintiff/respondent’s employment which was communicated to him in a letter (Exhibit G). The plaintiff/respondent was dissatisfied with the treatment meted out to him by the appellant. He therefore instituted the action in which he claimed as follows as set out in paragraph 33 of his statement of claim:

“(i) Declaration that the purported termination of the plaintiff’s appointment as per letter dated 14th March, 1996 and the procedures adopted by the defendant were unlawful, invalid, null and void.

(ii) A Declaration the plaintiff is entitled to remain in the employment of the defendant until he attains th…

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