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P.H.C.N. & ORS v. NWOGBO

(2021) JELR 106865 (CA)

Court of Appeal  •  CA/E/567/2016  •  12 Feb 2021  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE, JCA ITA GEORGE MBABA, JCA JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellants filed this Appeal against the decision (Ruling) of the Federal High Court, Enugu, in Suit No. FHC/EN/CS/109/2005, delivered on 12/7/2013, in a matter which judgment was delivered on 18/4/2008 by Hon. Justice A.L Allagoa, wherein the learned trial judge granted the relief sought, that the dismissal and termination of employment of the plaintiff (Respondent herein) was wrongful, and the Court converted same to retirement, with full benefits.

At the trial Court, the Respondent, (as Plaintiff) had sought the following reliefs, in a writ of summons, filed on 20/6/2005, over his claim for wrongful dismissal and termination of employment:

(i) An order of Court for his immediate and unconditional reinstatement to his duties, OR IN ALTERNATIVE:
(ii) A conversion/commutation of his erstwhile sack into Retirement with his full benefits.
(iii) ₦1,000,000.00 as general damages for wrongful dismissal and termination of employment.
(i…

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