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THE NIGERIAN RAILWAY CORPORATION V. DR. BABATUNDE ODEMUYIWA

(1974) JELR 41764 (SC)

Supreme Court  •  SC.183/1972  •  3 Jun 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No.LD/475/70, tried in the High Court of Lagos State, George, J. gave judgment in favour of the plaintiff whose claims against the defendant were as follows:

"1. Declaration:

(a) That the act of the defendant in suspending plaintiff from duty on half-pay and withdrawing his entitlements to car basic allowance with effect from February, 1970 is unlawful.

(b) That Plaintiff is entitled to full salary and car basic allowance for the month of February, 1970 until the date of judgment in this suit and for such period as he may be in the employment of the Defendant.

2. Special Damages:

(a) For car basic allowance at 16pounds per month from the month of February, 1970 up to date of judgment in this suit.

(b) In the sum of 678pounds 14shillings being portion of salaries due to the plaintiff from February, 1970 to June, 1970 inclusive which has been unlawfully withheld by the defendant and salaries to be calculated due to the plain…

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