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DR. C.C. NJEZE V. C.I. UDE INSTITUTE OF MANAGEMENT & TECHNOLOGY, ENUGU

(2001) JELR 52867 (CA)

Court of Appeal  •  CA/E/66/2000  •  10 Dec 2001  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU, JCA (Presided) SULE AREMU OLAGUNJU, JCA MUSA DATTIJO MUHAMMAD, JCA (Read the Lead Judgment)

Judgement

MUHAMMAD, JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling of Mr. Justice T. Achikanu of the Enugu State High Court dated 6th July, 1995. The facts of the case leading to the instant appeal are brief indeed and retold hereunder. The respondent before us had as plaintiff instituted an action at the lower court against the 1st respondent and the appellant who then were 1st and 2nd defendants respectively. The reliefs sought in the suit were:- “(i) A declaration that the purported termination of the plaintiff’s appointment contained in the letter dated 11th March, 1993 is null, void and of no effect whatsoever.

A declaration that the plaintiff is still in the service/employment of the 1st defendant (IMT Enugu) subject only to the prevailing conditions of service, and an order for the immediate reinstatement of the plaintiff in his said office and payment of his salaries. An injunction restraining the defendants, their servants, agents/ privies how…

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