SHELL PETROLEUM DEVELOPMENT CO. NIG. LIMITED V. MR. F.O. EMEHURU
(2006) JELR 48813 (CA)
Court of Appeal
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CA/PH/249/2002
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2 Mar 2006
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Nigeria
Coram
MUSA DATTIJO MUHAMMAD JCA;
ISTIFANUS THOMAS JCA;
MONICA BOLNA'AN DONGBAN-MENSEM JCA;
Appearances
F J. Flag Amachree, Esq. For Appellant
A. Amuda-Kannike, Esq.;.O. Yusuf, Esq. For Respondent
Judgement
<p>THOMAS, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant/appellant against the part judgment in suit No. PHC/1058/98 delivered on 17th June, 2002 by the Hon. Chief Judge of Rivers State. The plaintiff/respondent at the lower court by his writ of summons and the amended statement of claim as shown in the record of appeal at pages 1- 3 and 13 - 20 respectively are as follows:</p><p> "Wherefore the plaintiff claims against the defendants as follows:</p><p> (a) A declaration that the purported termination of the appointment of the plaintiff by or through an independent contractor not being his employer is null, void and of no effect whatsoever.</p><p> (b) A declaration that the plaintiff is still in the employment of the defendant his employment having not been validly terminated through a 3rd party. </p><p> (c) An order directing the defendant to re-instate the plaintiff to his status or position as a servant of the defendant without prejudice to entitlements and promotions which might h…</p>