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UNION BEVERAGES LTD V. M.A. OWOLABI

(1988) JELR 42819 (SC)

Supreme Court  •  SC.219/1985  •  29 Jan 1988  •  Nigeria

Coram
KAYODE ESO JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; PHILLIP NNAEMEKA-AGU JSC;

Appearances
A.A. Adefulu (With R.E. Aggreh Miss) For Appellant Prof S.A. Adesanya (with him O.O Ogunbanjo) For Respondent

Judgement

A. G. O. AGBAJE, JSC (Delivering the Leading Judgment): This appeal came on for hearing on 2nd November 1987, after going through the briefs of argument of counsel for both sides and after listening to the arguments of counsel in open court I allowed the appeal summarily. I reserved my reasons for doing so till today. I now give the reasons.

The case now before us on appeal originated in the High Court of Justice, Oyo State in the Ibadan Judicial Division holden at Ibadan. There the plaintiff one M.A. Owolabi sued the defendant Company, Union Beverages Ltd. Because of the points arising for determination in this appeal, it is necessary to state in full the Plaintiff's claim in that court against the defendant. Since the statement of claim supercedes the writ of summons, the plaintiff's claim will be taken as contained in paragraph 34 of the plaintiff's amended Statement of Claim which reads as follows:

(a)"Declaration that the purported termination of the plaintiff's appointment as Sa…

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