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NEW NIGERIA NEWSPAPERS LIMITED v. MR. FELIX ATOYEBI

(2013) JELR 35533 (CA)

Court of Appeal  •  CA/K/282/2006  •  19 Apr 2013  •  Nigeria

Coram
DALHATU ADAMU JCA; THERESA NGOLIKA ORJI-ABADUA JCA; ITA GEORGE MBABA JCA;

Judgement

ITA G. MBABA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court in Suit No. KDH/KAD/373/1988 delivered by Hon. Justice A. A. Othman on 29/11/2004, wherein the lower Court held that the Summary dismissal of the Respondent was against the rules of Criminal justice, equity and fair hearing, and that the employment was governed by statutory flavour, and that the Appellant could not just dismiss him like one employed under master/servant engagement.

Appellant filed the appeal on 21/12/2004, disclosing five grounds of appeal, as per the Notice of Appeal on pages 83 - 85 of the Records of Appeal. It also filed its brief of argument on 7/2/2007 and the same was deemed duly filed on 17/4/2007, The Respondent did not file any brief but had on 21/04/2007 filed a Notice of preliminary objection pursuant to Order 10 of the Court of Appeal Rules to challenge the competency of the appeal on the ground:

"That Appellants purported Notice of Appeal…

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