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S.O. UTUKS & ORS. V. NIGERIAN PORTS AUTHORITY

(2005) JELR 41919 (SC)

Supreme Court  •  SC.275/2003  •  24 Jun 2005  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

EDOZIE JSC (DELIVERING THE LEADING JUDGMENT): The appellants were the plaintiffs before the High Court of Lagos State in suit No.LD/182/92 wherein they, for themselves and on behalf of the retrenched staff of the respondent authority sued the latter in respect of their right to pension and gratuity. As spelt out in their amended statement of claim, they prayed for:-

"1. A declaration that all the staff particularly those plaintiffs who put in a service period of between 5 to 9 years with the defendant corporation are entitled to gratuity.

2. A declaration that those plaintiffs who have served the defendant for a period of 10 to 14 years qualify for pension and redundancy benefit under the Pensions Act 1990 as amended by circular No. 06321/81/X/618 of 13th September, 1991 and the plaintiffs condition of service.

3. A declaration that each of the staff is entitled to productivity bonus which was approved when the plaintiffs were in service.

4. A declaration that all the plaintiffs are …

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