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P. O. U. IYASE v. UNIVERSITY OF BENIN TEACHING HOSPITAL MANAGEMENT BOARD

(1999) JELR 45344 (CA)

Court of Appeal  •  CA/B/61/98  •  17 Jun 1999  •  Nigeria

Coram
MAHMUD MOHAMMED JCA; SAKA ADEYEMI IBIYEYE JCA; FRANCIS FEDODE TABAI JCA;

Judgement

IBIYEYE, JCA (Delivering the Leading Judgment): This appeal is against the decision of Idahosa J., of the Edo State High Court sitting in Benin in Suit No. B/371/94 wherein the appellant as plaintiff sued the respondent as defendant claiming reliefs which are particularised in his writ of summons and re-iterated as formulated in paragraph 23 of the Amended Statement of Claim. Paragraph 23 of the Amended Statement of Claim reads:-

"23. Whereof the Plaintiff claims as follows:-

1. A declaration that the termination of the appointment of the plaintiff by the Defendants (sic) from their employment before the retiring age of 55 years was unconstitutional, null and void.

2. A declaration that the Plaintiff is still in the service of the Defendants (sic) and entitled to be re-instated to the office of post (sic) or position he held before the purported termination of his appointment or to any other appropriate or comparative office or post or position.

3. An order directing the Defendants (…

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