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TRUSTEES OF E.C.W.A. CHURCH & DR. S. B. AGAJA V. KOREDE DELE

(2004) JELR 56831 (CA)

Court of Appeal  •  CA/IL/17/01  •  11 May 2004  •  Nigeria

Coram
ABOYI J. IKONGBEH JCA WALTER SAMUEL NKANU ONNOGHEN JCA JA'AFARU MIKA'ILU JCA

Appearances
O. D. Kuranga Esq. for the Appellants; Respondent served but not represented.

Judgement

IKONGBEH JCA (Delivering the Lead Judgment): This is an appeal from the judgment of the High Court of the old Kwara State, sitting at Omu Aran, when Egbe, where the cause of action arose, was still part of Kwara State. The appellants were the defendants before that court. The plaintiff/ respondent was an employee of the 1st defendant/appellant and worked directly under the 2nd defendant/appellant until his appointment was terminated on 10/10/90. He took out a writ of summons upon which was endorsed his statement of claim. In paragraph 8 thereof, he prayed the court -

“ ... to set aside the termination letter of 10/10/90 because (i) it is malicious and/or (ii) it is contrary to paragraph 8.8 b(1) of the ECWA basic general conditions of service, which governs the plaintiff’s employment with the defendants.”

His case before the court was set out in paragraphs 3 - 7 of the statement of claim, which reads:

“3. Without any justifiable reason the 2nd defendant made a false report to the pol…

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