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CBN V. UKPONG

(2006) JELR 80189 (CA)

Court of Appeal  •  CA/I/273/99  •  27 Jun 2006  •  Nigeria

Coram
FABIYI, J.C.A.,AUGIE, J.C.A.,UDOM-AZOGU, J.C.A.

Appearances
Bolaji Ola, Esq. - for the Appellant A. O. Okin, Esq. - for the Respondent

Judgement

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling handed out by Adio, J. while sitting at the High Court of Justice Ibadan, Oyo State of Nigeria on 18th November, 1999. The learned trial Judge dismissed the defendant's preliminary objection to the plaintiff's case.

By a writ of summons filed on 3rd of December, 1993 the respondent herein as plaintiff at the lower court claimed against the appellant herein as defendant thereat as follows:

"1.A declaration that the indefinite suspension of the plaintiff by the defendant's letter of the 17th day of February, 1988 is contrary to the provisions of the defendant's staff manual and therefore unlawful, null, void and of no legal effect whatsoever.

2.A declaration that the termination or purported termination of the plaintiff from the defendant's

employment by a letter dated 9th February, 1993 is unlawful in that it is with retrospective effect and therefore null, void and of no effect whatsoever.

3.A declaratio…

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