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MR. ELIE FADOUL & ANOR v. MR. OKUNGBOWA I. A. IGBINEVWO

(2018) JELR 38363 (CA)

Court of Appeal  •  CA/B/70/2012  •  6 Jun 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, corum; Honourable Justice P. O. Onajite-Kuejubola sitting at the Warri Division delivered on 22nd January 2007.

The respondents claim of four reliefs before the lower Court as contained in his 2nd amended statement of claim dated 12/01/2006 is as follows:

(a) A declaration that the purported dismissal of the plaintiff from the employment of the 2nd defendant was unlawful, null and void and of no effect whatsoever.

(b) A declaration that the plaintiff is still in the employment of the 2nd defendant.

(c) The sum of N5 Million being special damages and or general damages for the unlawful dismissal of the plaintiff from the employment of the 2nd defendant.

(d) Any other suitable relief this Honourable Court may deem fit and just to grant. (See p 63 of the Record).

The appellants filed a statement of defence and the trial commenced on 15/11/2004. The respondent tend…

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