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ARCHBISHOP OLUBUNMI OKOGIE & ORS. V. MRS MARGARET EPOYUN

(2010) JELR 37651 (CA)

Court of Appeal  •  CA/I/100/2004  •  23 Feb 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; KUDIRAT M. O. KEKERE - EKUN JCA; SIDI DAUDA BAGE JCA;

Appearances
Prince P. A. Adesemowo For Appellant Respondent's Counsel absent. For Respondent

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): In the Abeokuta Judicial Division of the High Court of Ogun State, the Respondent as Plaintiff took out a writ of summons against the Appellants as Defendants claiming the following reliefs:

"(1) A DECLARATION that Resolution "A" of the Board of Management of the Sacred Heart Hospital meeting of 22nd day of March, 1979 is binding on the defendants.

(2) A DECLARATION that as from the 22nd March, 1979, Pensions and Gratuities of all categories of staff of the Sacred Heart Hospital shall be in accordance with government regulations.

(3) AN ORDER that the pension and gratuity payable to the Plaintiff shall be in accordance with government regulations.

(4) AN ORDER of specific performance on the defendants to pay to the plaintiff her pension and gratuity in accordance with government regulations."

Pleadings were filed and exchanged by the parties from which the following facts briefly emerge. The Appellants are members of th…

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