SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice C.E. Archibong of the Federal High Court, the Lagos division, delivered on the 31st of May, 2010 in suit No. FHC/L/CS/473/2006.
The amended statement of claim sanctioned by the lower courts direction of the 18th January 2008 and paragraph 12 thereof states:-
The plaintiff avers that his gratuity, pension and three (3) months notice of payment in lieu have not been paid to him till date."
The amended statement of defence dated 4th February, 2009 was sanctioned by the order of the lower court, made on 22nd January 2009. It is the Defendants, case that the statutory notice of intention to commence legal proceedings was served after the action has become statute-barred.
The brief summary of the facts is as follows: - The Appellant worked for Nigerian Ports Authority for 12 years before he transferred his service from Nigerian ports Authority to the Respondent Corporation with e…