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WARRI REFINERY & PETROCHEMICAL COMPANY LTD. V. BENSON O. AGBUJE

(2004) JELR 48911 (CA)

Court of Appeal  •  CA/B/143/98  •  29 Jun 2004  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; AMINA ADAMU AUGIE JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

AUGIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Emeordi, J., of the Effurun Judicial Division of Delta State, delivered on the 27th day of September, 1996, wherein the plaintiff's claim was allowed. The plaintiff who is the respondent/cross-appellant herein had claimed the following reliefs in his statement of claim:-

(a) For an order that the plaintiff is still a staff of the defendant.

(b) A declaration that the purported termination of the plaintiff as per letter dated 8th April, 1993 is unconstitutional, unlawful, ultra vires, capricious, wrongful, invalid and null and void.

(c) An order for the defendant to pay to the plaintiff all emoluments and entitlements including promotions due and payable to him as from April 1993 and to be so calculated until final determination of this suit at N1,827.39 per month from April, 1993 to February, 1994. N6,441.66 per month from March and annual allowance of leave, entertainment bonus and educational …

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