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SAMUEL ISHENO V. JULIUS BERGER (NIG.) PLC

(2008) JELR 53128 (SC)

Supreme Court  •  SC.256/2002  •  15 Feb 2008  •  Nigeria

Coram
NIKI TOBI JSC (Presided) SUNDAY AKINOLA AKINTAN JSC (Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC

Judgement

AKINTAN JSC (Delivering the Lead Judgment): The appellant,

Samuel Isheno, as plaintiff, instituted this action against the respondent as defendant at the Oleh High Court, in Oleh, Delta State. His claim, as set out in paragraph 27 of his amended statement of claim, is as follows: “Wherefore the plaintiff claims the following from the defendant:

Malicious prosecution of the plaintiff N250,000.00

Defamation of plaintiff’s character N200,000.00

Loss of employment for 15 years (made up of basic salaries, overtime pay, Sunday hour rate, rent and transport subsidy, ex gratia payment, SAP deductions, annual leave allowance, annual bonus, Xmas bonus, leave pay etc.) N191,645.00

Retirement benefit N 32,636.00

General damages N100,000.00 N776,281.00”

Pleadings were filed and exchanged and the trial took place before Ogbodu J. The plaintiff gave evidence in support of his claim at the trial while the case for the defence was presented by one Peter Enumah, security manager with the defendant company…

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