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JOHNSON OMALE V. UNIVERSITY OF AGRICULTURE, MAKURDI & ORS.

(2011) JELR 46847 (CA)

Court of Appeal  •  CA/J/139/07  •  14 Apr 2011  •  Nigeria

Coram
K.M.O. KEKERE-EKUN JCA; A.A.B. GUMEL JCA; U. ONYEMENAM JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Makurdi Division delivered on 5th July, 2006 wherein the court found in favour of the plaintiff (appellant herein) but granted only some of the reliefs claimed. The appellant was dissatisfied with the judgment and filed a notice of appeal dated 23rd September 2006 containing four grounds of appeal.

The brief facts of the case that led to the appeal are as follows: The appellant was a porter employed by the 1st respondent. On 16/9/93, at the close of work, he was accosted by a security guard and questioned as to the contents of his bag. Upon a search of the bag, a large packet of Omo detergent was found. It was alleged that the Omo belonged to the respondents. The appellant stated that he purchased the Omo on his way to work from a supermarket and obtained a receipt. He said that he handed the receipt over to the security guard. On 14/10…

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