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IMO STATE SECONDARY EDUCATION MANAGEMENT BOARD & ORS v. MR. DURU C. I. & ORS

(2017) JELR 38014 (CA)

Court of Appeal  •  CA/OW/336/2014  •  4 May 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, JCA (DELIVERING THE LEADING JUDGMENT): This is the judgment in respect of the appeal of the appellants filed on 30/1/2014. It is against the decision of Imo State High Court sitting at Owerri in Imo State delivered on 1/11/2013. The Claimants claim at the lower Court, as per paragraph 16 of their statement of claim reads thus:

1. A Declaration of the Honourable Court, that the purported retirement of the claimants from the service of Imo State Government, based on the inclusion of their years of study leave without pay as part of the defendants years of service is wrongful, unconstitutional and of no effect whatsoever.

2. An Order of Court directing the defendants to recall forthwith the claimants to their various positions in their various schools as teachers and or principals or staff of the said schools and to pay their salaries and other entitlements as and when due until the claimants attain retirement either by age or period of service.

3. Injunction restra…

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