(2008) JELR 49457 (CA)    

Court of Appeal  ·  CA/C/233/2007 ·  11 Nov 2008 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
undefended list
notice of intention
undefended list procedure
high court
trial judge
fair hearing
learned trial judge
lone issue
etinan high court
chief judge
grounds of appeal
suit no. hu
transfer of the matter
akwa ibom state high court
applicable rules of court
appropriate judicial division
different judicial divisions
fair trial
final payment of the judgment debt
liquidated money demand
provisions of order
quick dispensation of justice
right of fair hearing
such case
whole of akwa ibom state
akwa ibom state college of education
brief facts of the case
chief judge of the state
cost of this action
decision of the trial judge
evidence of admission of the claim
expense of fair hearing
favour of the respondent
high court civil procedure rules
high court of akwa ibom state
judgment of ita mbaba
leading judgment
liquidated sum
month notice of termination
plaintiff claims
said judgment debt
said venue
sum of n708,965
support of application

JEAN OMOKRI, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of Ita Mbaba, J., in Suit No. HU/UND/72/07 delivered on 6/8/07.

The brief facts of the case now on appeal are that the respondent who was plaintiff at the court below, was given a temporary employment by the Akwa Ibom State College of Education, as a Lecturer III on 6th of April, 2005 and posted to the General Studies Department. That appointment was terminated by the appellant through a letter dated the 1st of February, 2007. The termination of the temporary appointment was with effect from 28th of February, 2007. Subsequently, the respondent instituted proceedings against the appellant before the High Court of Akwa Ibom State sitting at Uyo under the undefended list procedure. The endorsement on the writ is as follows:

"The plaintiff claims against the defendant the sum of N708,965,52 (Seven hundred and eight thousand, nine hundred and sixty-five Naira, fifty-two Kobo), being her unpaid sal…

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