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CaseLaw

N.N.P.C V. Idoniboye-Obu (1996) CLR 2 (G) (CA)

Brief

  • Contract of employment and service,
  • Specific performance,
  • Statutory employment,
  • Exercise of Legal right

Facts

This is an appeal by Nigerian National Petroleum Corporation (NNPC) which was the defendant in the action from the judgment of Sagbe, J. given on 23 November, 1988 in Suit No PHC/445/85. Chief Tamunoemi Idoniboye-Obu was the plaintiff in the action.

The plaintiff's claim at the lower court was for:

  • i.
    a declaration that the purported termination of the plaintiff's appointment by a letter AD/PER/C.6610 dated 30th August, 1985 is unlawful, ineffective null and void;
  • ii.
    an injunction restraining the defendant, its servants or its agents from ejecting the plaintiff from his No. 18B Wogu Street, D/Line, Port Harcourt, official quarters or in any manner interfering with the plaintiff's legal service entitlements until the lawful determination of his contract of service with the defendant.

The defendant counter claimed against the plaintiff for the rent of the house occupied by the defendant, the value of depreciation of furniture and household equipment therein and balance of outstanding loans owed by the plaintiff to the defendant.

In a considered judgment given on 23 November, 1988 the learned Judge found for the plaintiff, granted the reliefs sought and dismissed the defendant's counter-claim.

Issues

  • 1.
    Whether the trial Judge was Justified in law to have imported the letter...
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