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CHRISTIAN I. YARE v. NATIONAL SALARIES, INCOME AND WAGES COMMISSION

(2005) JELR 33782 (CA)

Court of Appeal  •  CA/A/202/2003  •  19 May 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA; MARY PETER ODILI JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Adah, J. of the Federal High Court, Abuja, delivered on the 26th day of June, 2003, dismissing the appellant's claim before him.

The appellant, a driver mechanic on GL 07 under the employment of the respondents, as plaintiff, before the lower court, instituted the suit vide a writ of summons dated 30th March, 2001, against his employers, the respondent, claiming the following reliefs:

(a) A declaration that the compulsory retirement of the plaintiff was wrongful as it did not meet the requirements of the civil service rules.

(b) An order setting aside the retirement of the plaintiff on the grounds that the antecedents leading to the retirement were unauthorized and unofficial, thus, cannot result in an official sanction.

(c) An order of court re-instating the plaintiff to his office without prejudice to any promotion or benefit he may have been entitled to;

(d) An order compelling the res…

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