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MR. C. I. S. ILOABACHIE V. PROF. DOTUN PHILIPS NIGERIA INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH NISER COUNCIL

(2001) JELR 52579 (CA)

Court of Appeal  •  CA/I/174/98 .  •  7 Dec 2001  •  Nigeria

Coram
MORONKEJI OMOTAYO ONALAJA, JCA (Presided) DAHALTU ADAMU, JCA FRANCIS FEDODE TABAI, JCA (Read the Lead Judgment)

Judgement

TABAI, JCA (Delivering the Lead Judgment): The plaintiff/appellant’s claim against the defendants/respondents jointly and severally at the court below was for (i) N3,000,000.00 being special and general damages for wrongful termination and dismissal (ii) N11,144.31 representing plaintiff’s unpaid salaries and deductions from his salary and (iii) N92,567.78 representing his pension from the year 2011 which is 74% of his terminal salary of N125,091.60. There is stated in the appellant’s brief a fourth and alternative relief for a declaration that the termination is null and void in a further amended statement of claim filed on the 24/4/97. It is said to be omitted in the record of proceedings. Both the statement of claim and statement of defence suffered amendments. At the end of the trial and after the address of counsel for the parties, the learned trial Judge, K. A. Jimoh, J. gave his judgment in which he dismissed the plaintiff’s claim in its entirety. This was on the 5/1/98.

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