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TOTAL NIGERIA PLC V. EDWARD UZOMA ANYIAM

(2013) JELR 41793 (CA)

Court of Appeal  •  CA/J/59/2011  •  19 Dec 2013  •  Nigeria

Coram
ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDE NWOSU-IHEME JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Plateau State High Court of Justice, (hereinafter referred to as the lower court) (Presided over by Y.B. Nimpar, J), delivered on the 15th of December, 2010, wherein judgment was entered in favour of the respondent (who was the plaintiff) and the appellant (who was the defendant) counter claim dismissed. The appellant was dissatisfied with the judgment of the lower Court hence his appeal to this Court by filing a Notice of Appeal dated and filed on the 14th of March, 2011.

The facts leading to the institution of the suit before the lower court by the respondent could be briefly summarized thus. Sometime in 1982, the respondent was employed by the appellant as an Accounts Clerk and by 2001 he had become a Sales Executive. He was in charge of Lafiya Zone of the appellant. In 2004 it was discovered that some supply of petroleum products to the Wamba Station were not accounted for…

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