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UNIVERSITY OF CALABAR V. UMO EDWARD UMO & 137 ORS

(2009) JELR 51702 (CA)

Court of Appeal  •  CA/C/16/2009  •  25 Nov 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA (Presided) JAFARU MIKA’ILU JCA NWALI SYLVESTER NGWUTA JCA (Read the Lead Ruling)

Appearances
Joe Agi, SAN (with him C. Onugba Esq. (Mrs) A. Onug, W. Agbor B -*- Esq., M. Shauibu Esq) - for the Appellants. -*- Anietie Inyang Esq. - for the Respondent.

Judgement

NGWUTA JCA (Delivering the Lead Ruling): The appeal is against the ruling of the Federal High Court, Calabar Judicial Division delivered by the presiding Judge, Ademola, J. On 30 January 2009.

The respondents issued a writ dated 4 July 2008 on which the following claims were endorsed:

“1. A declaration that the purported termination/retirement of the plaintiff’s appointment by the defendant in the letters dated 30 September 1991 is outrageous, illegal, null, void and ultra vires; and of no effect whatsoever, having regards to their conditions of service which has a statutory flavour.

2. A declaration that all the plaintiffs are still bona fide employees of the defendant with all rights and privileges accorded them by their conditions of service.

3. An order of the court directing the defendant to pay each of the plaintiffs their salaries, wages, allowances and other entitlement due and payable to the plaintiffs from 1 October 1991, till judgment and order of the court is fully com…

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