C.B.N. V. OCHIFE (2025) 12 NWLR (PT. 2000) 1 ON EFFECT AND DUTY ON COURT WHERE JUDGMENT CREDITOR FAILS TO CONTROVERT GARNISHEE’S AFFIDAVIT DENYING GENERAL ASSERTION OF HOLDING JUDGMENT DEBTOR’S…
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A claim for a declaratory relief is a discretionary remedy which is never granted as a matter of course, or on admission of the adverse party or in default of pleadings by the defendant. The claimant must lead evidence to establish his entitlement to the declaration he seeks and may not rely on the weakness of the defence, if any.
The measure of damages an employee is entitled to in a claim for wrongful termination of employment on ground of failure to give the requisite notice or payment in lieu of the notice is, by law, the salary the employee would have earned had the employment been rightly and properly terminated by giving the requisite notice or payment in lieu thereof by the employer.
