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WEST CONSTRUCTION COMPANY LTD
V.
BATALHA

(2006) JELR 49495 (SC)

Supreme Court 7 Apr 2006 Nigeria
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- The respondent, a Portuguese national, was employed by the appellant as a project engineer under a written contract specifying both local (Naira) and off-shore (USD) salary components; the appellant failed to pay outstanding arrears after

Case Details

Suit Number:SC.168/2002
Judges:IDRIS LEGBO KUTIGI JuSC ALOYSIUS IYORGYER KATSINA-ALU JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC SUNDAY AKINOLA AKINTAN JSC ALOMA MARIAM MUKHTAR JSC
Counsel:Mr. A. O. Eghobamien (Jr.) For Appellant Mr. Adedolapo Akinrele For Respondent
Other Citations:W.C.C. Ltd. v. Batalha (2006) 9 NWLR (Pt.986) 595 (2006) 4 S.C (Pt. 1) 88

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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