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KABELMETAL NIGERIA LIMITED V. GABRIEL ATIVIE

(2001) JELR 53460 (CA)

Court of Appeal  •  CA/L/177/98  •  24 Apr 2001  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE, JCA (Presided) CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA AMIRU SANUSI, JCA (Read the Lead Judgment)

Judgement

SANUSI, JCA (Delivering the Lead Judgment): In suit No. ID/2130/90, the respondent was the plaintiff and the appellant the defendant. The plaintiff made the following claims:

(a) A declaration that the termination of his appointment by the appellant was wrongful, illegal, null and void and of no effect.

(b) A declaration that the respondent is still in the employment of the appellant and as such entitled to his monthly salary.

(c) Allowance and an order to restore same from the 5th July, 1990 until he voluntarily retires from the service of the defendant company.

(d) An order that the plaintiff is entitled to the sum of ₦10,000,000 from the defendant company as special and general damages in the manner set out below:-

(i) Special damages ₦25,442:00

(ii) General damages with interest thereon at 21% Banking rate till the said sum is paid ₦9,974,557.00

The parties filed and exchanged pleadings which were during the course of the trial,amended by the parties with the leave of the trial court …

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