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MOBIL PRODUCING NIGERIA UNLIMITED V. OTOABASI EFFIONG

(2011) JELR 46980 (CA)

Court of Appeal  •  CA/C/204/2009  •  31 May 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JAFARU MIKA’ILU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High court of Akwa Ibom state, Eket Division delivered on 5th day of August, 2009 in Suit No: HEK/57/2006 which the Respondent as Plaintiff commenced through the writ of summons and statement of claim filed on 15th May, 2006.

By the Amended statement of claim filed on 4th April, 2008 with the leave of court, the Respondent claimed as follows:

"i. A DECLARATION that the suspension of the plaintiff from duty without pay by the defendant ceased on 31/10/2004.

ii. A DECLARATION that the contract of appointment between plaintiff and defendant is still subsisting.

iii. AN ORDER compelling the defendant to pay the plaintiff the following:

(a) N50, 000.00 monthly salary with effect from 1/11/2004 until plaintiff's appointment is properly determined.

(b) N120, 000.00 annual medical allowances with effect from 2004 till plaintiff's appointment is properly determined.

(c) N50, 000.00 an…

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