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NIGERIAN POSTAL SERVICE V. EMAYAK MENDIE

(2011) JELR 42648 (CA)

Court of Appeal  •  CA/C/36/2008  •  16 May 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olotu J. of the Federal High Court, Uyo delivered on 24/10/2007.

The plaintiff now respondent was employed by the Post and Telecommunication Department which later metamorphosed into Nigerian Postal Service as a Driver/Mechanic on 31/2/80 on Grade Level 04. The letter of employment was admitted in evidence as Exh. 'A'. He rose to the position of Senior Works Assistant on Grade Level 07 with effect from 'B'. On 13th March, 1996, the Plaintiff was issued with a query, Exhibit "C". The substance of the query was that he caused the Defendant Mercedes Benz Lorry with registration No. 5 FBN 26 under his control to knock engine while on official engagement IN Lagos. He was alleged to have had an accident with a live animal and he concealed the accident from the TSO who travelled with him. The plaintiff replied the query vide Exhibit 'D on 14th March, 1996 denying having an accident with …

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