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LAKE CHAD RESEARCH INSTITUTE V. MALLAM KOLO MOHAMMED

(2004) JELR 47812 (CA)

Court of Appeal  •  CA/J/311m/99  •  20 Apr 2004  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

OGBUAGU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Borno State High Court sitting in Maiduguri and delivered by Mshelia, J. on 10th July, 1998, wherein, the learned trial Judge, found in favour of the plaintiff/respondent in respect of his claims against the defendant/appellant.

The appellant was sued by the respondent in the lower court and in paragraph 22 of the proposed amended statement of claim, the respondent claimed as follows -

"(a) A declaration that the purported letter of dismissal with ref. No. PC/779/1/65 dated 3/3/1993 is null and void and of no effect since there was no compliance with the rules on natural justice.

(b) An order restoring the plaintiff to his former position and payment of all his salaries and other entitlements.

(c) Cost of this suit.

See pages 4 to 6 of the records.

The defendant filed a statement of defence wherein the following appear inter alia:

"Save as is herein admitted the defendant denies each an…

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