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DR. GEORGE NYONG IKPE UDOFIA V. AKWA IBOM STATE CIVIL SERVICE COMMISSION & ORS.

(2011) JELR 46743 (CA)

Court of Appeal  •  CA/C/104/2010  •  10 Jun 2011  •  Nigeria

Coram
JA'FARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The Appellant was the plaintiff in suit No. HU/39/97 commenced through the writ of summons and statement of claim filed on 2nd May, 1997. By his amended statement of claim filed on 7th April, 2003, the plaintiff claimed against the defendants, declaratory reliefs, payment of salary and allowances particularized therein as special damages.

After exchange of pleadings, the case went to trial and in the judgment delivered on 2nd July, 2009, the claims of the plaintiff were dismissed by the lower court. Being dissatisfied with that judgment, the plaintiff filed his notice of appeal on 14th September, 2009 with four grounds of appeal. Henceforth in this judgment, the plaintiff will be referred to as the appellant and the defendants as respondents. The appellant's brief of argument settled by Dr. Aquaowo Essien, learned counsel for appellant was filed and issues were formulated therein for determination. This was after t…

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