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MOBIL PRODUCING NIGERIA UNLIMITED

(2013) JELR 35957 (CA)

Court of Appeal 14 Feb 2013 Nigeria
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- The appellant, originally employed by the respondent as a "Spy Police Constable" in 1996, was suspended without pay on 1 December 1998 following theft allegations; the respondent later denied employment, claiming the appellant was a super

Case Details

Suit Number:CA/C/35/2011
Judges:UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Counsel:KELECHI OLUIGBO, Esq. For Appellant NKANU, ESQ. For Respondent

JOSEPH TINE TUR, JCA (Delivering the Leading Judgment): The appellant was the plaintiff in the High Court of Justice, Eket, Akwa Ibom State. The Respondent was the defendant. In the writ and statement of claim filed on 26th day of July, 2000 the appellant sought in paragraph 76 of the statement of claim the following reliefs against the Respondent:

"(a) A declaration that the Plaintiff is a staff of the Defendant Company and is entitled to all rights and privileges enjoyed by the Defendant's staff until duly determined by either party.

(b) A declaration that the suspension of the plaintiff by the Defendant by a letter dated 1st December, 1998 is wrongful, illegal, null and void.

(c) An order that the Defendant pays to the Plaintiff forthwith salary and allowances for the months of December, 1998 and thereafter until the Plaintiff is duly determined.

(d) ₦100,000,000.00 (One Hundred Million Naira) being general damages for malignment and libel."

The statement of Defence was filed on 17…

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