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MR. MUFUTAU AYINLA OYEYEMI V. MOBIL OIL NIGERIA PLC

(2013) JELR 35342 (CA)

Court of Appeal  •  CA/I/250/2009  •  16 Dec 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Appearances
Oluwole Aluko Esq. For Appellant O. Oshobi Esq. with K. T. Olawumi Esq. For Respondent

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Oyo State High Court delivered on 31st October, 2008 by Ige, J. in favour of the respondent, then defendant in the trial court. The plaintiff now Appellant by way of writ of summons and statement of claim against the Respondent sought some declaratory reliefs as well as an order converting the termination of his appointment into retirement and an order for the payment of his entitlements based on the appellant's right as a pensioner of the Respondent. The Respondent in his statement of defence denied liability arising from the termination of the contract of employment of the Appellant. At the close of trial, the learned trial judge held that that the Respondent had exercised its common law right to hire and fire and as such, the termination of the Appellant's contract of service by the Respondent was lawful. All the reliefs sought by the Appellant were refused and dismissed in its ent…

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