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NISSAN (NIG.) LIMITED V. MR. S. YOGANATHAN & SUN MOTORS LIMITED

(2009) JELR 53030 (CA)

Court of Appeal  •  CA/L/364/2008  •  2 Jul 2009  •  Nigeria

Coram
MONICA DONGBAN-MENSEM JCA BODE RHODES-VIVOUR JCA HUSSEIN MUKHTAR JCA

Judgement

RHODES-VIVOUR JCA (Delivering the Lead Judgment): The appellant as claimant sued the respondents on a writ of summons and statement of claim filed on 14 December 2006 claiming against the defendants jointly and severally as follows:

(i) An injunctive order of this honourable court restraining the 1st defendant from continuing to take up the employment of the 2nd defendant and from the employment of any other employer of similar undertakings with the claimant for a period of one year.

(ii) An injunctive order of this honourable court restraining the 2nd defendant from further retaining the 1st defendant in its employment until one year period elapses.

(iii) Special damages against the 1st and 2nd defendants jointly in the sum of ₦151,500,000.00 (one hundred and fifty one million, five hundred thousand naira).

On being served the originating processes, learned counsel for the respondents entered appearance and quickly filed a notice of preliminary objection for:

(a) An order of the court …

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