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C.O.E., EKIADOLOR
V.
OSAYANDE

(2009) JELR 53487 (CA)

Court of Appeal 15 Dec 2009 Nigeria
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- This case involves an appeal on a judgment regarding the retirement of the respondent from the College of Education, Ekiadolor. - The respondent claimed that her retirement was irregular and null and void, as it did not take into consider

Case Details

Suit Number:CA/B/66/2002
Judges:AMINA ADAMU AUGIE JCA GEORGE OLADEINDE SHOREMI JCA CHIOMA EGONDU NWOSU-IHEME JCA
Counsel:R. I. Edigie for the Appellant; H. O. Osatohanmwen (with him, Ese Ibuoze) for the Respondent.

SHOREMI JCA (Delivering the Lead Judgment): This is an appeal on the judgment of Itua J. delivered on 19 July 2001 at Iguobazuwa Judicial Division Edo State in which judgment was given in favour of the respondent on her claim in her further amended statement of claims whereof she claimed from the defendant now appellant as follows:

(a) “A declaration that the purported retirement of the plaintiff from the service of the College of Education, Ekiadolor, conveyed by letters Ref No. CEB/PC.650/111 of 9 September 1999 is irregular, null and void and of no effect whatsoever, in so far as it did not take into consideration the normal criteria for such retirement.

(b) A declaration that either on ground of age or number of years of service, the plaintiff has not attained pensionable retirement status in the public service of Edo State.

(c) A declaration that the letters dated 9 September 1999 and 29 September 1999 conveying the retirement of plaintiff retrospectively from 1 January 1994 wer…

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