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NIGERIA AIRWAYS LIMITED V. F.A. LAPITE

(1990) JELR 43003 (SC)

Supreme Court  •  SC.209/1988  •  21 Nov 1990  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; PHILLIP NNAEMEKA-AGU JSC; ABUBAKAR BASHIR WALI JSC; OLAJIDE OLATAWURA JSC;

Appearances
B. O. Ogundipe For Appellant Ayo Obe (Mrs.) (with her, G.O. Kolawole. A. A. Osara and P. S. Nwakuma) For Respondent

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): In the trial court the plaintiff filed a suit against the defendant asking for the following reliefs:

"1. A declaration that the letter dated the 11th of September, 1985 purporting to terminate the appointment of the plaintiff as a pension accountant in the defendant company is ineffective and ultra vires the powers of the maker thereof.

2. A declaration that the plaintiff is entitled to his full salary and emoluments and all other entitlements from April, 1984.

3. An order directing the defendant to restore the plaintiff to his office and position as principal accountant/pension accountant.

4. In the alternative, the sum of N138,387.49 being special and general damages for wrongful dismissal."

After pleadings were filed and exchanged, the defendant filed a motion on notice dated 4th April, 1986 praying for an order-

"(a) striking out the plaintiff's claim for "a declaration that the letter dated 11th September, 1985 purporting to termโ€ฆ

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