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THE REGISTERED TRUSTEES OF THE LUTHERAN CHURCH OF NIGERIA V. ASUQUO AKPAN OBOT

(2008) JELR 56681 (CA)

Court of Appeal  •  CA/C/17/2001  •  9 Jun 2008  •  Nigeria

Coram
K. BAYANG AKAAHS JCA (Presided and Read the Lead Judgment) NWALI SYLVESTER NGWUTA JCA MOJEED ADEKUNLE OWOADE JCA

Appearances
JoeAgi SAN (with him, Sam Eboh, C. Onugba, Mrs. A. Onung and -*- W. Agbor) - for the Respondent. -*- Appellant Absent.

Judgement

AKAAHS JCA (Delivering the Lead Judgment): The plaintiff now respondent was employed by the Lutheran Hospital now Immanuel General Hospital, Eket, in 1958. In 1975, the then South Eastern State Government took over thehospital. In 1976 after the Government take over, the respondent left to the United States of America on study leave with pay. In that 1976,the South Eastern State was renamed Cross River State. The respondent’s salary was paid by the Cross River State Government during the period of training which was to last for four years. By a letter dated 18 February 1981, the hospital secretary on behalf of the Chief Medical Officer wrote to the respondent in the United States notifying him of the expiration of the in- service award and the discontinuance of the payment of his salaries. He returned to Nigeria in 1985 and on 27 November of the same year wrote to the secretary of the hospital for re-absorption. In a letter dated 6 December 1985, the secretary replied and requested …

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