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ARAB CONSTRUCTION LTD. & ANOR V. ASUQUO SUNDAY ISAAC

(2012) JELR 33979 (CA)

Court of Appeal  •  CA/C/142/09  •  28 Jun 2012  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Cross River State High Court sitting at Calabar delivered on the 2/3/09 in Suit No. 317/2008 which was filed by the Respondent herein, against the Appellants. By the writ of summons and statement of claim in the suit, the Respondent had made claims as follows; against the Appellants:-

"1. The plaintiff seeks a declaration that the termination of appointment by the 1st defendant is wrongful as same was predicated on an allegation of stealing without according him fair hearing in a competent court.

2. Claims of N2, 000,000.00 damages and unpaid claims and entitlements while the employment lasted."

The Appellants though served with the writ and statement of the Respondent's claims did not appear or file a statement of defence to the claims. The Respondent testified as the, lone witness in support of his claim and identified the letter of termination of appointment, attached to the s…

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