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HACO LIMITED V. S. M. DAPS BROWN

(1973) JELR 49086 (SC)

Supreme Court  •  SC.306/1970  •  27 Apr 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. G. IRIKEFE, AG. J.S.C (Delivering the Leading Judgment): Before the Lagos High Court the plaintiff/respondent herein, claimed as follows against the appellants:-

"(a) The sum of 300 pounds deposited by the plaintiff with the defendants with the interest thereon at the rate of 6 per centum per annum in accordance with clause 15 of the agreement made between the plaintiff and the defendants and dated the 7th day of December, 1957.

(b) Arrears of salary at the rate of 40 pounds per month and equated bonus at the rate of 10 pounds per month from July, 1967 up to date of judgment.

(c) 300 pounds being repatriation expenses for the plaintiff and his family from Lagos to Kano.

(d) Costs."

Claims (a), (b) and (d) were repeated in the Statement of Claim, while claim (c) was abandoned.

In his Statement of Claim aforesaid, the respondent averred as follows under paragraph 2:

"Under clause 15 of the terms of the agreement the plaintiff deposited with the defendant the sum of 100 pounds subjec…

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