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BENIN & ORS
V.
EKEREMOR LGC

(2013) JELR 35280 (CA)

Court of Appeal 5 Dec 2013 Nigeria
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- Plaintiffs, employees of Ekeremor Local Government, sued for declaration and payment of salaries allegedly withheld for 31 months; judgment was entered in their favor on unchallenged evidence. - The Local Government moved to set aside the

Case Details

Suit Number:CA/PH/322/2011
Judges:EJEMBI EKO Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria
Counsel:B. Ogugubeni Esq. For Appellant Felix T. Okorotie Esq. For Respondent

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 14th July, 2010 the High Court of Bayelsa State delivered its judgment in the suit no EHC/2/2010. It was a suit in which the plaintiffs, being staff or employees of Ekeremor Local Government sought inter alia a declaration that as employees of the Local Government they were entitled to be paid in full their salaries and allowances. The plaintiffs in the suit had alleged that for 31 months the Ekeremor Local Government had not been paying to them their salaries at all, or in full.

The parties to the suit no EHC/2/2010 exchanged pleadings. The claimants' counsel filed and served on the defendant Local Government the written address of the claimants. On 14th July, 2010 the High Court of Bayelsa State (coram: T. Eradiri, J) delivered its judgment for the claimants holding that "upon the unchallenged evidence of the claimants, (he found) their claims duly proved and (entered) judgment as per their writ of summons".

On 6th December, 2…

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