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OKON O. IDUNG & ORS v. UNIVERSITY OF CAIABAR TEACHING HOSPITAL & ORS

(2016) JELR 37112 (CA)

Court of Appeal  •  CA/C/11/2012  •  27 Jan 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE JCA (Delivering the Leading Judgment): This is in respect of an appeal from the judgment of the Federal High Court, Calabar Judicial Division delivered on the 4th of July, 2011 by Ademola J.

The appellants had on behalf of themselves and some other disengaged staff of the 1st respondent taken out a writ against the respondents at the trial Court for the following reliefs contained in their Amended Statement of Claim filed on 4th October, 2010 contained on pages 538-543 of the record of appeal as follows:

1. A declaration that the plaintiffs are entitled for retirement from their employment with the 1st defendant when they are due for retirement, as there is no provision for 'Severance from Service' as contained in 1st defendant's letters dated the 9th November, 2007 and served on the affected staff (plaintiffs) whose employment with the 1st defendant has a statutory flavor.

2. A declaration that the letters conveying the 'Severance from Service' of the plaiā€¦

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