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AVWUNUKETA
V.
NEPA

(2000) JELR 44069 (CA)

Court of Appeal 21 Mar 2000 Nigeria
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Case Details

Suit Number:CA/B/119/98
Judges:SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROLAND Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Counsel:A. E. Edjeba, Esq., For Appellant I. O. Adewoye, Esq. For Respondent
Other Citations:Avwunuketa v. N.E.P.A. (2001) 2 NWLR (Pt.697)279

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling delivered by Abutu, J, sitting at the Federal High Court, Benin City on 19th February, 1997, in suit No. FHC/B/19/95. The appellant, Lucky E. Avwunuketa, as plaintiff, had instituted the action against the respondent (NEPA) as defendant.

The plaintiff's claim as endorsed on the writ of summons and repeated in paragraph 24 of the statement of claim is as follows:

"1. A declaration that the purported letter of termination issued by the defendant dated 25/10/94 is contrary to NEPA Staff Conditions of Service 1978 which governs the relationship between him and the defendant and is therefore wrongful, void and of no effect whatsoever.

2. A declaration that the plaintiff holds and is still holding a permanent pensionable appointment as officer IV (Stores) in the employment of the defendant at Sapele Power Station, Ogorode, Sapele.

3. An order reinstating the plaintiff as Store Officer (IV) in the employmen…

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