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MOHAMMED SALIHU V. FOUGEROLLE-FOUGEROLLE NIGERIA PLC.

(2002) JELR 46774 (CA)

Court of Appeal  •  CA/A/80/2001  •  8 Jul 2002  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kogi State, holden at Ajaokuta Coram Justice Rekiya - Okpanachi, delivered on 20th June, 2000, dismissing the plaintiffs' claims.

In the High Court, the plaintiff claimed against the defendant thus:-

"1. A declaration that the defendants' purported termination of the plaintiff's employment is wrongful, scandalous and ineffective.

2. A declaration that the plaintiffs' employment is still subsisting.

3. The sum of N65,000.00 being plaintiffs' arrears of salary at N2,5000.00 per month from April, 1994 to May, 1996 and N2,500.00 per month, from June, 1996, until judgment is given".

Pleadings were filed and exchanged. Hearing commenced in earnest on 10/6/97. Plaintiff testified as PW1 and called no witness. DWs 1 and 2 testified on behalf of the defendants. After amending their pleading counsel for the defendants, then addressed the court on 1/11/99. He submitted that in…

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