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ODUYE
V.
NIGERIA AIRWAYS LTD

(1987) JELR 42712 (SC)

Supreme Court 10 Apr 1987 Nigeria
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- The appellant, a former Senior Nursing Sister employed by Nigeria Airways Ltd (respondent), occupied staff quarters as part of her service conditions and continued in occupation after her employment was terminated in December 1977; the re

Case Details

Suit Number:SC.135/1985
Judges:MOHAMMED BELLO JSC KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MUHAMMADU LAWAL UWAIS JSC DAHUNSI OLUGBEMI COKER JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC
Counsel:Mr G.O.K. Ajayi, SAN (with him Ayo Ogunsola (Miss) and Alex A. Adedipe) For the Appellant Chief F.R.A. Williams, SAN (with him S.O. Ogundipe, Dr B.O. Babalakin, F.R.A. Williams (Jnr) and F.A. Akinrele For the Respondent
Other Citations:Oduye v. Nigeria Airways Limited (1987) NWLR (Pt.55) 126 (1987) 4 S.C 202 (1987) ALL NLR 398, (1987) JELR 60156

ESO, JSC (Delivering the Leading Judgment): The Plaintiff, Mrs. Ibiyemi Oduye, is the Appellant in this Court. I will refer to her, hereinafter in this judgment, as the Appellant. The Appellant was a Senior Nursing Sister in the employment of the Respondent - the Nigeria Airways Ltd. Indeed, she rose from the post of Nursing Sister to the post of Senior Nursing Sister, within a few years of her joining the services of the Respondent. It was part of the conditions of her service that she was provided with accommodation -a detached duplex building at No. 15 Ayoade Coker Street, G.R.A., Ikeja. The rent she paid was ₦25 per month and the arrangement was that the sum was deductible from her salary.

However, by a letter dated 27th December, 1977, the Appellant's employment with the Respondent was determined, but notwithstanding the termination of her employment, she continued to hold over the premises. While the Appellant sued the Respondent for damages for breach of contract of Service (t…

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