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JOS UNIVERSITY TEACHING HOSPITAL & ANOR. V. DR. CHRIS O. AJEH

(2006) JELR 47039 (CA)

Court of Appeal  •  CA/J/128/2001  •  29 Jun 2006  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; IFEYINWA CECILIA NZEAKO JCA; MUHAMMAD LADAN TSAMIYA JCA;

Judgement

TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling and judgment of the High Court of Justice, Plateau State, sitting in Jos, delivered by Naron, J., dated 27/7/98 in suit No. PLD/J/4/79. At the trial court the appellants were the defendants while the respondent herein was the plaintiff.

The facts that led to this appeal are briefly as follows:

The respondent, as plaintiff at the trial instituted an action against the defendants claiming.

"(a) A declaration that the decision of the appellant to dismiss/or terminate his appointment (vide letters marked exhibits 4 and 6 dated 31/1/94 and 9/8/94 respectively) from employment of the first defendant is unconstitutional, illegal, unlawful, null and void and is of no effect whatsoever,

(b) An order re-instating him into his post of Senior Registrar II with effect from 31/1/94 and payments of all his salaries and allowances as well as promotions,"

From the statement of claim, the plaintiff is a Senior Reg…

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