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KOUSSAY USSUF HAIDER V. BERINI

(1963) JELR 40641 (SC)

Supreme Court  •  LD/180/60  •  15 Mar 1963  •  Nigeria

Coram
LIONEL BRETT F.J.J. JSC; JOHN IDOWU CONRAD TAYLOR F.J.J. JSC; BAIRAMIAN F.J.J. JSC;

Appearances
G.L. Impey with him Miss Rose Taylor for the respondent For Appellant Chief M.E.R. Okorodudu Q.C. (with him F. Okunnu) for the respondent For Respondent

Judgement

BAIRAMIAN, E.J.:The plaintiff (now appellant) was engaged at Beirut, Lebanon, to come out to Lagos as an employee of the Bank on certain terms, which are shown in a letter dated 24th October, 1959. For present purposes it is enough to refer to clause 3, which fixes his salary at #1,200 a year payable monthly; to clause 4, which fixes his period of employment at three years; and to clause 8,which provides that:

"In case the present contract is revoked by us before the expiration of the three years period agreed upon only the clause of this contract would be applied and therefore you would not be entitled if the revocation is without any reason or legal cause, to claim anything besides your salary mentioned in the third paragraph of this contract and covering only Its remaining period.

And if you come to revoke this contract before its expiry date you would be required to pay a pre estimated indemnity of #3,600 (three thousand six hundred pounds) which is considered as penalty and could…

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