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MR. JOHN E. AGBOR v. THE POLYTECHNIC, CALABAR

(2009) JELR 33615 (CA)

Court of Appeal  •  CA/C/67/2007  •  24 Mar 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of E. E. Ita J., in Suit No.HC/177/2001 delivered on 4/6/06, wherein he refused the appellant's application to relist the suit that was struck out.

The facts of the case, as can be gleaned from the record, are as follows: By a writ of summon taken out at the registry of the trial court on the 26/4/01, the appellant, who was the plaintiff, sued the respondent, who was the defendant, claiming in paragraph 23 of the statement of claim, at page 5 of the record, as follows:

"23. The plaintiff states he-has- suffered- tremendously due to the act of the defendant and he claim as follows:

(a) A declaration that the termination of the appointment of the plaintiff was invalid, null and void as same was in violation of the right of fair hearing of the plaintiff.

(b) Order of the court that the plaintiff be reinstated in the service of the defendant.

(c) The plaintiff is entitled to his salary during the …

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