AKPORIDO
V.
P.T.I

(2012) JELR 52522 (CA)

Court of Appeal 15 Nov 2012 Nigeria
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- This case involves an appeal and cross-appeal against a ruling of the Delta State High Court. - The plaintiffs claimed retirement benefits and an injunction against the defendant, a federal government agency. - The defendant challenged th

Case Details

Suit Number:CA/B/139/2005
Judges:GEORGE OLADEINDE SHOREMI JCA (Presided) TOM SHAIBU YAKUBU JCA TUNDE OYEBANJI AWOTOYE JCA (Read the Lead Judgment)
Counsel:A. J. Oshiokpelua - for the Appellants. -*- T. E. Uwhubetiae (with him, T. O. Obare) - for the Respondent.

AWOTOYE JCA(Delivering the Lead Judgment): This is the judgment A in respect of an appeal by the appellants and the cross-appeal by the cross- appellants against the ruling of Delta State High Court, delivered on 25 June 2004 by R. N. Pemu J (as she then was). The appellants were the plaintiffs at the court below. The plaintiffs by paragraph 20 of their joint statement of claim claimed jointly and severally against the defendant (now the respondent/cross-appellant) as follows: “1. A mandatory order that the plaintiffs having been regularly retired from the services of the defendant are entitled to their retirement benefits. 2. An order of perpetual injunction restraining the defendant, its privies, assigns and agents from withholding, disturbing and/ortampering with the retirement benefits of the plaintiffs therein.” The defendant by paragraph 4 of its statement of defence challenged the competence of the action thus: “(a) The defendant shall before or at the trial contend that the …

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