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DUMEZ NIGERIA LIMITED V PETER NWAKHOBA & 3 ORS

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DUMEZ NIGERIA LIMITED V PETER NWAKHOBA & 3 ORS

Legalpedia Citation: (2008) Legalpedia (SC) 71185

In the Supreme Court of Nigeria

Fri Dec 19, 2008

Suit Number: SC. 298/2002

CORAM


SALIIHU MODIBBO ALFA. BELGORE JUSTICE, SUPREME COURT


PARTIES


1..DUMEZ NIGERIA LIMITED APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Respondents sued the Appellant claiming entitlement for arrears of overtime and medical arrears. The trial court dismissed the claim but that order was reversed by the Court of Appeal, hence this present appeal


HELD


Appeal allowed. The Apex court held that the Court of Appeal was wrong in reversing the order of dismissal granted by the High Court.


ISSUES


Whether on the evidence at the trial, the Court of Appeal was right in reversing the order of dismissal by the High Court of Relief No. 1 and held that the Plaintiffs are entitled to short payment arising from the overtime and medical arrears approved under the National Joint Industrial Council Agreement for Building Construction Workers in 1989.


RATIONES DECIDENDI


CASES CITED


1. Wallersteiner v. Moir (1974) 3 All E.R. 217 at 2512. Metzger v. Department of Health and Social Security (1977) 3 All E.R. 444 at 451 3. Vincent I. Bello v. Magnus Eweka (1981) 1 S.C. 101 4. Motunwase v. Sorungbe (1988) 5 N.W.L.R. (Pt. 92) 90 at 102.


STATUTES REFERRED TO


NONE?


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