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MRS. PATIENCE OMAGBEMI V. GUINNESS NIGERIA LTD.

(1995) JELR 43464 (SC)

Supreme Court  •  SC.195/1992  •  17 Feb 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Appearances
F.E. Ayinke-Wilson (Mrs) -for the Appellant For Appellant A.O. Alegeh, Esq. -for the Respondent For Respondent

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): The appellant, who was plaintiff, by her amended Statement of Claim claimed against the respondent (a limited liability Company), which was defendant, in the High Court of Bendel (now Edo State) holden at Benin City, the following: (a) a declaration that at all material times the Company is bound by the rule and practice LIFO.

(a1) a declaration that the said custom exists and binds the defendant Company; i.e. priority of retrenched staff over fresh intakes in the matter of filling resuscitated posts;

(b) a declaration that the Company is bound by its own policy direction;

(c) a declaration that having derived goodwill and benefit from its Policy Directive of 29th October, 1984, it is too late now for the defendant to renege in the case of the plaintiff; and plaintiff has acquired a vested right to be treated in accordance with the said Policy Directive;

(d) an order for perpetual injunction that the defendant stay action in respect of th…

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