(2011) JELR 46042 (CA)    

Court of Appeal  ·  CA/C/93/2010 ·  25 Feb 2011 ·  Nigeria
JAFARU MILA’ILU Justice of The Court of Appeal of Nigeria MASSOUD ABDUL RAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
special damages
learned counsel
trial court
annual gross salary
first issue
legal fees
second issue
statement of claim
computation of respondent
due entitlement
strict proof
transport allowance
2nd appellants
contract agreement
credible evidence
documentary evidence
required standard
said employment
submission of the learned counsel
3s 4a
admissible evidence
award of n401
award of special damages
cross river state
established facts
full entitlement
given circumstances
gross income
high court of justice
last sentence of paragraph
leading judgment
leave of the trial court
much ado
need of any expert evidence
outstanding payment
parol evidence
plaintiff claims
respect of the instant appeal
sole issue
sufficient proof
sum of n240
sum of n641
terminal benefits
total income

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The respondent herein was employed as a security guard level 2-2 in the services of the 1st and 2nd appellants on 1st October, 1998. Confirmation of his employment took effect from 1st April, 1999. The said employment was withdrawn with effect from 18th March, 2005. The respondent was paid the sum of N240, 531.37 as his full entitlement upon his discharge from the said employment. The respondent maintained that the sum of N641, 583.68 was his due entitlement and he approached the appellants through his solicitors in respect thereof. Upon being rebuffed by the appellants, the respondent instituted an action against the appellants by way of undefended list procedure, at the High Court of Justice, Cross River State, holden at Calabar, in his bid to recover the outstanding balance of his asserted due entitlement. The appellants filed their notice of intention to defend and the matter was thereafter transferred to the g…

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