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CaseLaw

Nigeria Airways V. Lapite (1990) CLR 11(a) (SC)

Judgement delivered on November 21st 1990

Brief

  • Contract
  • Defective pleading
  • Dismissal of suit in limine
  • Locus standi
  • O.22 Lagos High Court Civil Procedure rules
  • Pleadings

Facts

In the trial court the plaintiff filed a suit against the defendant asking for the following reliefs:-

  • 1.
    A declaration that the letter dated the 11th of September, 1985 purporting to terminate the appointment of the plaintiff as a Pen¬sion Accountant in the defendant company is ineffective and ultra vires the powers of the maker thereof.
  • 2.
    A declaration that the plaintiff is entitled to his full salary and emoluments and all other entitlements from April. 1984.
  • 3.
    An order directing the defendant to restore the plaintiff to his of¬fice and position as Principal Accountant/Pension Accountant.
  • 4.
    In the alternative, the sum of N138,387.49 being special and gen¬eral damages for wrongful dismissal."

After pleadings were filed and exchanged, the defendant filed a motion on notice dated 4th April, 1986 praying for an order -

Issues

  • a.
    Where a Court concludes that a Statement of Claim discloses no...
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