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NIGERIA AIRWAYS LTD.
V.
F.A. LAPITE

(1990) JELR 43003 (SC)

Supreme Court 21 Nov 1990 Nigeria
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- The plaintiff filed a suit against the defendant seeking various reliefs, including a declaration that a termination letter was ineffective and damages for wrongful dismissal. - The defendant filed a motion to strike out the plaintiff's c

Case Details

Suit Number:SC.209/1988
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria
Counsel:B. O. Ogundipe For Appellant Ayo Obe (Mrs.) (with her, G.O. Kolawole. A. A. Osara and P. S. Nwakuma) For Respondent
Other Citations:Nigeria Airways Ltd v. Lapite (1990) NWLR(Pt.163) 392 (1990) 11-12 S.C 60

WALI, J.S.C. (Delivering the Leading Judgment): In the trial court the plaintiff filed a suit against the defendant asking for the following reliefs:

"1. A declaration that the letter dated the 11th of September, 1985 purporting to terminate the appointment of the plaintiff as a pension accountant in the defendant company is ineffective and ultra vires the powers of the maker thereof.

2. A declaration that the plaintiff is entitled to his full salary and emoluments and all other entitlements from April, 1984.

3. An order directing the defendant to restore the plaintiff to his office and position as principal accountant/pension accountant.

4. In the alternative, the sum of N138,387.49 being special and general damages for wrongful dismissal."

After pleadings were filed and exchanged, the defendant filed a motion on notice dated 4th April, 1986 praying for an order-

"(a) striking out the plaintiff's claim for "a declaration that the letter dated 11th September, 1985 purporting to term…

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