(2004) JELR 50881 (CA)    

Court of Appeal  ·  CA/J/281/98 ·  6 Dec 2004 ·  Nigeria
Core Terms Beta
trial court
managing director
trial judge
learned counsel
disciplinary committee
totality of the evidence
issue no.
learned trial judge
amended statement of defence
fair hearing
counter claim
grounds of appeal
findings of the trial judge
local disciplinary committee
no. naa
wrongful termination
conditions of service of the defendant
court’s finding
decision of the trial court
findings of the learned trial judge
following documents
further amended statement of claim
mr. bamaiyi
purported letter of termination ref
appellant’s claim
court of law
criminal acts
decision of theadamawa state high court
defendant vide letter ref
employee of the respondent
employment of the respondent
existence of conditions of service
following reliefs
full trial
judicial notice of the conditions of service
lead judgment
order of the honourable court
payment of the sum of n204,372.00
power of the a yola airport manager
probative value of the exhibits
proper appraisal of evidence
purported suspension of the plaintiff
purported termination of the appointment of the plaintiff
said letter of suspension
therefore naa conditions of service

OBADINA JCA (Delivering the Lead Judgment): This is an appeal against the decision of theAdamawa State High Court sitting in Yola, presided over by Gwam J. delivered on the 8th of October, 1996. The appellant was an employee of the respondent. The appellant was suspended from work on the 25/1/93. He was subsequently terminated from the employment of the respondent on the 20/7/93. Aggrieved by the suspension and the termination, the appellant took out a writ of summons against the defendant. At the trial court, the appellant was the plaintiff while the respondent was the defendant. In his further amended statement of claim, the plaintiff/ appellant claimed the following reliefs:-

“(a) A declaration that the purported suspension of the plaintiff by the defendant vide letter ref. No. NAA/47/400/1016/Vol.IV of 25/1/93 is null and void as it is ultra vires the power of the A Yola Airport manager to suspend the plaintiff in the manner he did. A declaration that the purported letter of su…

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