Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



WEST CONSTRUCTION COMPANY LTD
V.
BATALHA

(2006) JELR 49495 (SC)    

Supreme Court  ·  SC.168/2002 ·  7 Apr 2006 ·  Nigeria
 · 
Other Citations
W.C.C. Ltd. v. Batalha (2006) 9 NWLR (Pt.986) 595 (2006) 4 S.C (Pt. 1) 88
CORAM
IDRIS LEGBO KUTIGI JuSC ALOYSIUS IYORGYER KATSINA-ALU JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC SUNDAY AKINOLA AKINTAN JSC ALOMA MARIAM MUKHTAR JSC

Ratio Decidendi

Core Terms Beta
immigration act
illegality
work permit
contract of employment
resident permit
court of appeal
lead judgment
learned trial judge
general rule
grounds of appeal
illegality of the contract
violation of sections
amended statement of claim
breach of sections
cognizance of illegality
illegal contract
west construction company limited
appellant company
benin high court
central bank of nigeria regulations
leading judgment
notice of appeal
preliminary point of law
principle of public policy
arrears of local salary
brake of contract
breach of the provisions of sections
conditions of the respondent
edo state
failure of the defendant
following conclusion
given contract
great britain
immigration department
immigration regulations
institution of the case
judgment of the lower court
learned justice
original of the said permit
policy of the courts
present appellant
present respondent
respective brief of argument
respondent outstanding balance of salary
said letter
such exceptions

AKINTAN, J.S.C. (Delivering the Leading Judgment): The present respondent, Santos M. Batalha, a Portuguese national, instituted this action as plaintiff at Benin High Court in Edo State as suit No. B/643/94 against the present appellant, West Construction Company Limited, as defendant. The dispute that led to the institution of the case arose over failure of the defendant, now appellant, to pay the plaintiff, now respondent outstanding balance of salary/allowance for services rendered to the appellant company. The plaintiff's claims, as set out in paragraph 13 of the amended statement of claim, are as follows:

'"1. The sum of ₦4,000 being arrears of local salary/allowance and interest at the rate of 21% per annum from the 30th of April, 1994 till judgment and thereafter at the rate of 6% per annum until final payment.

2. The sum of $17,500 being arrears of his off-shore salary/allowance or its Naira equivalent at the rate of 21% per annum from 30th of April, 1994 till judgment and the…

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