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NATIONAL ELECTRIC POWER AUTHORITY v. B. ATUKPOR

(2000) JELR 44041 (CA)

Court of Appeal  •  CA/I/142/97  •  5 Apr 2000  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; MORONKEJI OMOTAYO ONALAJA JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Oyo State sitting in Ibadan delivered on 28th November, 1996 on a preliminary objection that the Court lacked jurisdiction to hear the case, raised by the defendant, who is now the appellant. The claims in the High Court, as per the writ of summons and the statement of claim are as follows:

(i) Declaration that the purported dismissal of the plaintiff from the services of the 1st defendant by a letter dated 18th March, 1992 is unconstitutional, contrary to the rules of natural justice and/or procedures laid down in the conditions of the appellant's appointment, irregular, illegal, null, void and of no effect.

(ii) Mandatory order directed to the 1st defendant to reinstate the plaintiff to the position where his contemporaries are in the employment of the 1st defendant.

(iii) An order directing the 1st defendant to pay the Plaintiff's arrears of salary and other emoluments from …

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