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STEPHEN BABATUNDE SHITTU V. PEUGEOT AUTOMOBILE NIG. LTD.

(2004) JELR 53184 (CA)

Court of Appeal  •  CA/K/105/2003  •  22 Nov 2004  •  Nigeria

Coram
MAHMUD MOHAMMED, JCA BABA ALKALI BA'ABA, JCA KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JCA

Judgement


MOHAMMED JCA (Delivering the Lead Judgment): This appeal is against the decision of the Kaduna State High Court of Justice contained in a ruling delivered in a motion on notice dated 21-2-2001 refusing and dismissing an application to relist suit No. KDH/KAD/226/96. The ruling was delivered on 30-4-2001. The appellant in this appeal who was the applicant in the motion to relist at the court below was an employee of the respondent in this appeal, which was also the respondent in the application at the court below. On or around 8-8-1989, the appointment of the appellant was terminated by the respondent. The appellant challenged this termination of his appointment at the High Court and later at the Court of Appeal which on 9-12-94 declared the termination of the appellant’s appointment by the respondent as wrongful and awarded one month’s salary to the appellant in lieu of notice as damages. These damages were duly paid to the appellant in April 1995. D

However by a writ of summon dated 9…

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