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S. O. ILODIBIA V. NIGERIAN CEMENT COMPANY LIMITED

(1997) JELR 47995 (SC)

Supreme Court  •  SC.9/1991  •  4 Jul 1997  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
Appellant absent and unrepresented. For Appellant Dr. J.O. Ibik, SAN, (With him, I.G. lbik (Mrs)) For Respondent

Judgement

A. B. WALI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim in the High Court of Enugu Judicial Division of Anambra State contained in paragraph 27 of the Further Amended Statement of Claim is as follows:-

"(a) A declaration that the 1st defendant's letter dated 11th March, 1980 sending the plaintiff on compulsory indefinite leave is ultra vires, wrongful, null and void and of no effect and was in breach of the principles of natural justice and of his Conditions of service.

(b) A declaration that the purported indefinite suspension of the plaintiff on half-pay as contained in the letter of 15th May, 1980 was not an act of the 2nd defendant and was in breach of the principles of natural justice and of his Conditions of Service and therefore is wrongful, illegal invalid null and void and of no effect whatsoever.

(c) A declaration that the plaintiff is still the General Manager of the 2nd defendant Company and is entitled to his full salary all benefits, allowances, privi…

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