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Nigerian Produce Marketing Board v. A.O. Adewunmi

(1972) JELR 45192 (SC)

Supreme Court  •  SC.111/1970  •  24 Nov 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; FATAYI-WILLIAMS JSC; DAN IBEKWE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In the Lagos High Court in Suit No. LD/346/68, the respondent as plaintiff claimed from the defendants the sum of 330,000 pounds as damages for wrongful dismissal from the defendants employment as their sales officer on the 4th May, 1968. He also claimed, in the alternative, a declaration that the said dismissal by the defendants is "illegal, null and void, and of no effect. "

Paragraphs 26--28 of the statement of claim filed by the plaintiff read:-

"26. The plaintiff has never at any time acted in breach of the terms, expressed or implied, of his employment with the defendants.

27. The plaintiff will contend at the trial of this action that his dismissal was against the principles of natural justice.

28. The plaintiff will further contend at the trial of this action that the review undertaken by the Board of Directors of the defendants is in excess of its power, and that the members who attended the meeting of the Boar…

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