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MAJOR EKUNDAYO AWOYOMI v. CHIEF OF ARMY STAFF & ORS

(2013) JELR 35387 (CA)

Court of Appeal  •  CA/L/810/10  •  8 Nov 2013  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; RITA NOSAKHARE PEMU JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering The Leading Judgment): This appeal is against the Ruling of the Federal High Court Lagos Division presided over by Ajakaiye J in suit no. FHC/CS/L/291/01 delivered on the 3rd day of June,2010. The learned trial Judge had on the 13th day of December 2006 given judgment in favour of the appellant declaring his retirement from service in the Nigerian Army null and void. Although during the hearing, the 1st-3rd Respondents were represented by various Government counsel who filed a statement of defence which was subsequently amended, they failed to appear and lead evidence in proof of their defence. The learned trial Judge in his judgment made the following orders inter alia:

1. "The Plaintiff is to be paid his salaries, allowances and all other benefits from the date of his purported retirement i.e. 1990 to date. Furthermore, the period between 1990 and the date of this judgment is to be taken into consideration as having formed part of his serviā€¦

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