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ONOITA
V.
TEXACO (NIG) PLC

(2016) JELR 46266 (CA)

Court of Appeal 21 Dec 2016 Nigeria
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- The Appellant, having succeeded his late father, brought an action against the Respondent for unpaid salaries, allowances, retirement benefits, and gratuity allegedly due following cessation of employment with the Respondent between July

Case Details

Suit Number:CA/L/1196/2010
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:For Appellant A. O. Oyeniyi For Respondent

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Lagos State delivered by Hon. Justice O. A. Taiwo on the 8th of June, 2010.

The suit was commenced on 12th December, 2002 by Mr. Simeon Onoita who upon his death was substituted with his son Mr. Omonofewo Francis Onoita (the current Appellant). By an Amended writ of summons together with an Amended Statement of claim dated 28th April, 2009, the Claimant now Appellant claimed against the Defendant now Respondent as follows:-

1. One hundred million naira from the defendants as general damages for denying him his wages, salaries and allowances, retirement benefits and gratuity duly earned by him which have now occasioned him untold hardships.

2. Special damages by way of plaintiff salaries from July 1, 1994 - December 31st, 1995, allowances due to Claimant from July 1, 1994 - December 31st, 1995 end of service benefits/Pensions, savings, Company provident funds,…

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