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SAMSON BABATUNDE OLAREWAJU V. AFRIBANK NIGERIA PLC

(2001) JELR 44259 (SC)

Supreme Court  •  SC.109/96  •  13 Jul 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC EMMANUEL OBIOMA OGWUEGBU JSC ANTHONY IKECHUKWU IGUH JSC ALOYSIUS IYORGYER KATSINA-ALU JSC EMMANUEL OLAYINKA AYOOLA JSC

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The plaintiff Samson Babatunde Olarewaju brought this action at the High Court of Justice Maiduguri presided over by Kolo, C.J. In the action he claimed the following reliefs:

(a) Determination that the defendant's letter dated 11th March, 1993 addressed to the plaintiff titled 'dismissal' is incompetent, illegal, void and of no effect whatsoever.

(b) That the defendant be ordered to reinstate the plaintiff to his former post.

(c) That the defendant be ordered to pay all arrears of salaries and entitlement due to the purported dismissal.

(d) That he be promoted to bring him at par with his mates.

(e) An injunction restraining the defendant from dismissing the plaintiff without just cause.

(f) The cost of the suit.

(g) In the alternative to paragraph (b) payment of the sum of six hundred thousand Naira (N600,000.00)only as general damages to the plaintiff by the defendant for wrongful dismissal of the plaintiff from the service o…

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