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MRS. C.O.A. FAKUADE V. OBAFEMI AWOLOWO UNIVERSITY TEACHING HOSPITAL COMPLEX MANAGEMENT BOARD

(1993) JELR 43283 (SC)

Supreme Court  •  SC.163/1991  •  4 Jun 1993  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; OLAJIDE OLATAWURA JSC; IDRIS LEGBO KUTIGI JSC;

Appearances
Ayoola Ajayi For Appellant A.A. Fayokun For Respondent

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): At the Ilesha High Court the plaintiff claimed against the defendant:-

"(a) A declaration that the purported termination of the plaintiff's appointment in the service of the defendant as contained in the letter of termination of appointment is null, void and of no effect whatsoever and that the plaintiff is still a Nursing sister in the defendant's service.

(b) An order of mandatory injunction restraining the defendant, his servants and or agents privies or otherwise from preventing the plaintiff from performing any of the functions and duties of her offices or interfering with the enjoyment or rights, privileges and benefits attached thereto."

After the filing and exchange of pleadings, the case proceeded for trial. At the trial the plaintiff testified for herself and called one witness. Only one witness testified on behalf of the defendant.

The plaintiff's case was simply that at all material times she was a Nursing Sister in the emp…

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