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NATIONAL ELECTRIC POWER AUTHORITY v. FRIDAY EDOKPAYI EBOIGBE

(2008) JELR 42094 (CA)

Court of Appeal  •  CA/B/48/2001  •  18 Dec 2008  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Justice S.W. Egbo-Egbo sitting at the Federal High Court Benin, delivered on the 17/6/99.

In Summary, the Respondent was a staff of the Appellant in this Appeal. Sometime in 1996, the Appellant through its letter dated 20th day of September, 1996 with reference number: 0024/0046/Vol.1/96 Compulsorily relieved the Respondent of his duties by retiring him. The Respondent, aggrieved at his retirement, filed a writ of Summons and Statement of Claim challenging his said retirement. In the writ of summons and statement of claim dated the 22nd of October 1998, which was later amended and dated 28/1/99, the Respondent asked for the following reliefs:

"1. A declaration that the retirement letter dated 20th day of September, 1996 with reference number 024/0046/vol.1/96 titled "Retirement from Service, "and addressed to one F.E. OSBOIGBE Officer IV ACCTS ", which letter was given…

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