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FEDERAL MEDICAL CENTRE IDO-EKITI & ORS. V. AKINDELE TAOFEEK O.

(2013) JELR 40564 (CA)

Court of Appeal  •  CA/EK/49/2011  •  27 Feb 2013  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; MASSOUD ABDUL-RAHMAN OREDOLA JCA; UCHECHUKWU ONYEMENAM JCA;

Appearances
Kolapo Kolade For Appellant O. O. Ayenakin For Respondent

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): By writ of Summons and statement of claim filed 16th June, 2006, the Respondent claimed against the Appellants jointly and severally as follows:

1. "A declaration that the termination of the plaintiff's appointment vide letter reference FHC/10/EK/P of 17th March 2006 is wrongful, unconstitutional, null and void.

AND

2. An order reinstating the plaintiff."

The case was later consolidated with Suit No:FHC/AK/CS/57/2006/20O6 between Omidiora Kolawole v. Federal Medical Centre and 3 Ors. Briefs were duely filed and exchanged. After hearing and trial of the case, the learned trial Judge in a considered judgment found for the plaintiffs.

Dissatisfied with the judgment of the lower court, the Appellants filed a Notice of Appeal on 9th of October, 2007 with an omnibus ground of appeal. Additional grounds of appeal containing 5 grounds was subsequently filed on 6th October, 2008.

The facts of the case at the lower court is that th…

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