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THE REGISTERED TRUSTEES OF THE PLANNED PARENTHOOD FEDERATION OF NIGERIA & ANOR V. DR. JIMMY SHOGBOLA

(2003) JELR 46841 (CA)

Court of Appeal  •  CA/L/141/98  •  27 Nov 2003  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal by the 1st and 2nd defendants (appellants) is against the decision of the Lagos State High Court (court below) (Coram: Rhodes-Vivour, J.) delivered on 27th June, 1996. The court below in a reserved judgment found that the termination of appointment of the plaintiff/respondent a public officer being ultra vires and therefore irregular was null and void. It granted the plaintiff's claim to be reinstated.

Dissatisfied with the decision the defendants filed this appeal upon a notice of appeal filed on 2/9/96 containing three grounds of appeal and which was later by leave of this court granted on 27/9/99 amended as per the amended notice of appeal now containing four grounds of appeal.

The appellants filed a brief of argument and therein formulated three issues for determination to wit:

"1. Whether the learned trial Judge properly declared that the plaintiff/respondent should be reinstated in the emp…

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