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AGBOMABINI

(2013) JELR 35795 (CA)

Court of Appeal 22 Mar 2013 Nigeria
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- This is an appeal against a decision of the High Court of Kaduna state in a case involving a dispute over terminal benefits. - The respondent, as the plaintiff, filed a lawsuit against the appellant, as the defendant, claiming the sum of

Case Details

Suit Number:CA/K/137/2011
Judges:DALHATU ADAMU Justice of The Court of Appeal of Nigeria THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:Mr. Lawrence Bassey For Appellant Mr. O. I. Habeeb For Respondent

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kaduna state in Suit No KDH/KAD/681/2010 contained in the ruling delivered by Honorable Justice M.T.M. Aliyu on the 25th of January, 2011. By a Writ of Summons filed on the 27th of July, 2010 but issued by the Registry of the High Court of Kaduna State on the 3rd of August, 2010, the Respondent, as plaintiff, commenced an action in the High Court of Kaduna State in Suit No KDH/KAD/681/2010 against the Appellant, as defendant, and the endorsement on the Writ of Summons read thus:

"The plaintiff was an employee of the Defendant and upon her retirement by the Defendant, the Defendant computed her terminal benefit in the sum of N385,601.68 but has refused to pay same to the Plaintiff:

Whereof the Plaintiff claims against the Defendant as follows:

a. The sum of N385,601.68 representing the assessed terminal benefits due to the Plaintiff from the Defendant o…

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