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ABABA F. ADOLE & ANOR. V. PIPELINES AND PRODUCTS MARKETING CO. LTD. (PPMC) & ANOR.

(2009) JELR 33156 (CA)

Court of Appeal  •  CA/K/357/2005  •  30 Jun 2009  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; OFR JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

BABA ALKALI BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Kaduna State High Court in suit No. KDH/KAD/530/95 delivered on the 23rd day of June, 2004 in which the appellant's suit was struck out for want of jurisdiction.

By a writ of summon dated the 2nd day of August, 1995, against the respondents and subsequently filed a statement of claim dated the 15th day of November, 2002, filed on the 25th day of November, 2002 and the appellants by his paragraph 19 of the statement of claim, claims as follows:-

"1. A declaration that the termination of appointments of the Plaintiffs on 1st August, 1994 (Mr. J.E. Kokya, Mr. Ababa Francis Adole and Mr. Abubakar Kabir) was based on the queries Ref. Nos. - PPMC/HQ/PER/3595 dated 3rd January 1994, PPMC/HQ/PER/C.12185 dated 14th Sept., 1993 and PPMC/HQ/PER/C.15791 dated 14th September, 1993 for which the Plaintiffs were accused of illegal "off allocation" of products, swapping of marketers not officiall…

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