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WAEC
V.
OSHIONEBO

(2006) JELR 38047 (CA)

Court of Appeal 28 Mar 2006 Nigeria
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- This case is an appeal against a judgment of the Federal High Court in Benin. - The plaintiff claimed various reliefs, including a declaration that he had done 31 years of service and could only be retired, not terminated, by the defendan

Case Details

Suit Number:CA/B/61/2003
Judges:PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria
Counsel:Mr. S.A. Olugbemi Esq. (with him, Mr. A. O. Manye For Appellant S. E. Akhiele For Respondent
Other Citations:WAEC v. Oshionebo (2006) 12 NWLR (Pt.994) pg.258, (2006) 12 NWLR (Pt. 994) 258

ADEREMI, JCA (Delivering the Leading Judgment): This is an appeal against the Federal High Court sitting in Benin in suit No: FHC/B/CS/57/2/99 delivered on the 14th of June 2002. The plaintiff who won at the court below had by paragraph 35 of his further amended statement of claim filed, by the leave of court claimed against the defendant in that court, the following reliefs: -

"(1) a declaration that the Plaintiff have done 31 years of service in the establishment of the defendant, the defendant can only disengage him (the Plaintiff) by retiring him and not termination.

(2) a declaration that the plaintiff having put in 31 years of service as aforesaid before he was purportedly terminated by the defendant is entitled to gratuity, terminal leave allowance, repatriation allowances and pension as contained and provided for in the defendant's Conditions of Service and relevant circulars, memos and laws applicable to defendant. The total terminal benefit is ₦1,120.078.15K.

(3) an order c…

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