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BEST OILS LTD
V.
ORUOSA

(2001) JELR 50960 (CA)

Court of Appeal 28 Nov 2001 Nigeria
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Case Details

Suit Number:CA/I/65/2000
Judges:DALHATU ADAMU, JCA FRANCIS FEDODE TABAI, JCA
Counsel:Oluwole Ania, Esq.- for the Appellant. -*- Olumide Fusike, Esq. - for the Respondent.

ONALAJA, JCA (Delivering the Leading Judgment): In paragraph 16 of the statement of claim filed by the three plaintiffs in the High Court of Oyo State, Ibadan they claimed as set out under. This approach has been adopted following the rule in our adversarial system that the particulars of claim supersedes the particulars of claim set out in the writ of summons Lahan v. Lajoyetan (1972) 6 SC 190; Ndigwe v. Nwude (1999) 12 NWLR (Pt. 626) page 314 SC; Nnubia v. Att.- Gen Rivers State (1999) 3 NWLR

(Pt. 593) page 82 CA; U.B.A . Ltd. v. Ademuyiwa (1999) 11 NWLR (Pt. A 628) page 570 CA.

The said paragraph 16 of the statement of claim is the conclude paragraph and reads as follows:-

“16 WHEREOF the plaintiff claims against the defendant:

A declaration that the purported termination of the plaintiffs’ employment are illegal, null and void and of no effect whatsoever and that the plaintiffs are and continues to be in the employment of the defendant notwithstanding the purported terminati…

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