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HONIKA SAWMILL (NIG.) LTD. V. MARY OKOJIE HOFF

(1994) JELR 43395 (SC)

Supreme Court  •  SC.208/1992  •  11 Feb 1994  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Appearances
H.I.R. Odiase, Esq. For Appellant Tolue Esekody, Esq. For Respondent

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): In the High Court of the defunct Bendel State holden in Benin City, Arthur Morgan Hoff, a Swedish National, then living and working in Benin City as plaintiff, by an Amended Statement of claim, sued the defendant company (Honika Sawmil (Nigeria) Limited) of which he was Managing Director/General Manager, claiming the following reliefs:-

1. A declaration that the letter reference number HNS/MH/Vo,. 5/5 dated 20th February, 1986 purportedly written to the plaintiff by the defendant together with the letters of 18th February and 4th March, 1986 determining the plaintiff's appointment as the General Manager of the defendant Company is wrongful and amounts to wrongful dismissal.

2. A declaration that the plaintiff's agreement with the defendant Company subsists.

3. A declaration that as long as the agreement of 22nd May, 1978 subsists the defendant is under an obligation in the said agreement to apply for and obtain requisite permits for the p…

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