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(2008) JELR 49444 (SC)

Supreme Court 9 May 2008 Nigeria
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- The plaintiff filed a claim against the defendant for unlawful termination of their contract for service. - The trial court found that the termination was unlawful and awarded the plaintiff one month's notice or payment in lieu thereof. -

Case Details

Suit Number:SC.368/2002
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA ALU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU-ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
Counsel:Chief O. T. Akinbiyi;O. H. OyajinmiA. P. AdeniranA. E. Audu For Appellant O. A. R. Ogunde For Respondent
Other Citations:` (2008)34 NSCQR Pt II 1287 (2008)34 NSCQR Pt II 1287

I. T. MUHAMMAD, JSC:(Delivering the Leading Judgment) : In a writ of summons taken from the High Court of Justice of Ogun State holden at Ota Judicial Division (trial court for short), the plaintiff made the following claim against the defendant:

"[i] A declaration that the unilateral termination by the Defendant of the plaintiff's contract for service with the Defendant on the 22nd October, 1992 is unlawful, null and void.

[ii] N35,913.00 (Thirty Five Thousand, Nine hundred and Thirteen Naira) special and general damages for unpaid services and unlawful termination of the contract of employment between the plaintiff and the Defendant and/or for breach of contract.

SPECIAL OF PARTICULARS DAMAGES

[a} unpaid services for September, 1992 - N4,667.00

[b} unpaid services for October, 1992- N2,846.00

[c} Expected earning for the rest of October,

1992, November, 1992 and December, 1992 - N8,400. 00

N15,913.00

In paragraph 21 of his statement of claim, the plaintiff "Claims as per the writ o…

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