JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Ruling of High Court of Justice, Delta State of Nigeria in Suit No. HCH/1/2003 (1) EMMANUEL O. EGBOKHARE (2) ANTHONY NWELIH AND UNION BANK OF NIGERIA PLC, delivered on the 30th day of March, 2009.
Briefly, the facts of the case are that the Respondents formerly the Plaintiffs at the Lower Court commenced this suit with two separate Writs of Summons against the Appellant. The suits were consolidated and heard jointly.
The Respondents claim against the Appellant at the Lower Court are as follows:-
(i) That the purported dismissal of the Plaintiffs if any is null and void.
(ii) That the Plaintiffs are still in the employment of the Defendant.
(iii) An Order directing that Defendant should pay to the Plaintiffs their salaries, allowances and remuneration that have accrued to the Plaintiffs.
At the hearing before the lower Court, the 2nd Respondent testified first. The Appellant served a notice to produce…