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GEORGE HUTCHFUL V. HAMILTON KWEKU RINEY W. RINEY AND COMPANY (NIGERIA) LTD

(1971) JELR 40664 (SC)

Supreme Court  •  SC.150/1970  •  22 Oct 1971  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Appearances
Ajayi For Appellant Ogbemi For Respondent

Judgement

LEWIS, JSC (DELIVERING THE LEADING JUDGMENT): In suit LD/88/68 in the Lagos High Court the plaintiff's amended claim read:

"Amended claim

The plaintiff's claim against the defendants jointly and severally:

(i) A declaration that the purported removal of the plaintiff by the first defendant from his offices as a director and general manager of the second defendant company is ultra vires the first defendant and illegal;

(ii) 5,000Pounds damages for wrongful removal of the plaintiff as such director; and

(iii) 5,250Pounds damages for wrongful removal of the plaintiff as such general manager."

And paragraphs 12, 13 and 19 of his amended statement of claim read:

"12. By a letter dated 30th October, 1967 and addressed to the plaintiff the 1st defendant informed the plaintiff he (the 1st defendant) has decided as from the date of the letter:

(a) To remove the plaintiff as a director, and

(b) To terminate the plaintiff's appointment as general manager.

13. The plaintiff will contend at the …

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