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DURBAR HOTEL PLC
V.
ITYOUGH & ORS

(2016) JELR 47237 (SC)

Supreme Court 16 Dec 2016 Nigeria
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- The respondents, former employees of the appellant hotel, alleged that in May 1997 they were sent on indefinite compulsory leave without termination of their contracts or payment of entitlements; they instituted an action on behalf of the

Case Details

Suit Number:SC.174/2010
Judges:OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria
Counsel:R.O ATABO with L.M AMENGA-AMUDA (MRS) and J.S. AGADA For Appellant W. SHITTU with I.D ACHI (MISS) O.D ATOYEBI and S. NNAJI (MISS) For Respondent

OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): This is an appeal from a decision of the Court of Appeal (Kaduna Division) which affirmed the decision of a Kaduna High Court which held that the respondents properly brought this action in a representative capacity. The facts are these, the respondents and about two hundred and ninety-five persons were former employees of the appellant. The appellant in the month of May, 1997 closed down its operations to carry out major renovation work in the appellant Hotel, and directed the respondents to go on six months compulsory leave. The respondents say that they were sent away without their entitlements paid to them. By their amended statement of claim the respondents claim against the appellant the following reliefs:

(a) A Declaration that the defendant action in keeping the plaintiffs away from duty at the Defendants premises indefinitely as from May, 1997 till date without paying them any amount whatsoever and without due de…

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