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THE FEDERAL POLYTECHNIC NEKEDE, OWERRI & ANOR V. MR. LOUIS O. NWAOZOR

(2014) JELR 40567 (CA)

Court of Appeal  •  CA/PH/166/2009  •  15 Dec 2014  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IGNATIUS IGWE AGUBE JCA; FREDERICK O. OHO JCA;

Appearances
L. A. Njemanze Esq. For Appellant M. E. Ezeala Esq. For Respondent

Judgement

FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): The Respondent (as Plaintiff in the trial Court) filed a writ of summons on the 16th day of September, 2002 against the Appellants (as Defendants at the trial court) and by an Amended Statement of Claim dated the 26th day of October, 2004 at paragraph 19 claimed the following reliefs.

"19 Wherefore the Plaintiff claims against the Defendants as follows:

1. A Declaration of the Honourable court that the dismissal of the plaintiff from the Federal Polytechnic Nekede, Owerri on the 30th April, 1999 and confirmed by the 2nd Defendant on 15-5-2002 is wrongful and therefore null and void.

2. An Order of the Court that the Defendants should reinstate the Plaintiff to the service of the Federal Polytechnic Nekede, Owerri with full payments to the Plaintiff of his salaries, entitlements, allowances and benefits without loss of seniority.

3. N500,000.00 General Damages."

By a Further Amended Statement of Defence also dated the 26th day…

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