OKWOCHE
V.
NIGERIA AIRWAYS LTD.

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): The plaintiff (appellant) was a former staff of the defendant (respondent), in the Field Services Department as a District Manager, a Grade Level 12 Officer. His appointment was for a misconduct (the details of which are not really material for this appeal) terminated by a letter dated 16/8/85, and admitted in evidence as exhibit 'A'. The plaintiff was paid his entitlements as showed in items 1, 2 and 4, of exhibit B of 16/8/85. That is, salary and allowances up to and, including three months salary, in lieu of notice and 8 days salary, in lieu of leave, not taken up to and including 16/8/85. To all intents and purposes, the plaintiff was taken to have retired on 16/8/85. By another letter of 6/12/85, otherwise marked exhibit C, the defendant purported to dismiss the plaintiff from its services with immediate effect. Whereupon, the plaintiff instituted this suit, at the High Court of Ikeja Division of Lagos State, and claimed th…