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UNION BANK OF NIGERIA PLC V. CHARLES OLUSOLA TOYINBO

(2008) JELR 46869 (CA)

Court of Appeal  •  CA/IL/48/2007  •  21 Jul 2008  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; IGNATIUS IGWE AGUBE JCA; CHIMA C. NWEZE JCA;

Judgement

IGNATIUS IGWE AGUBE J.C.A. (Delivering the Leading Judgment): In the High Court of Justice Ekiti State, in the Ado Ekiti Judicial Division, before Honourable Justice C. Akintayo, the Plaintiff (now Respondent/Cross-Appellant) instituted an action by way of writ of summons and in both his said writ and statement of claim sought for the following Reliefs;-

(1) A Declaration that the termination of the Plaintiff's appointment vide a letter dated 8th day of January, 2001 is illegal unconstitutional, null and void and of no effect whatsoever.

(2) N50, 000, 00 (Fifty Million Naira) only special and general damages.

(3) Costs of this action

Issues were joined by the Defendant who filed her statement of Defence and counter-claim which was later amended. See pages 1-38 of the Records for details of the processes filed by the parties. In the course of trial the plaintiff testified for himself called no witness and tendered Exhibits A-Q, while the Defendant called a sole witness (one Saibu Olada…

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