(2005) JELR 45155 (CA)    

Court of Appeal  ·  CA/L/55/04 ·  4 Jul 2005 ·  Nigeria
Other Citations
Ekunola v. C.B.N. (2006) 14 NWLR (Pt. 1000) 292
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
1st defendant
central disciplinary committee
grounds of appeal
fair hearing
right of appeal
distribution of diesel
proper records
staff member
virtue of the 2nd defendant
assistant director
disciplinary process
powers of the 2nd defendant
public service
said order
staff members
1st respondent
2nd respondent
anatogu v. anatogu
appellant given
award cost
determination of the plaintiffs length of service
dismissal of the case
favour of the successful party
first bank of nigeria plc
inter departmental committee
judgment of sanyaolu j. of the federal high court
leading judgment
name of the 2nd respondent
notice of appeal
order of perpetual injunction
plaintiffs counsel
purported suspension of the plaintiff
query exhibit e
rank of assistant director
staff manual exhibit
staff manual exhibit d
v. interland transport
v. onuma
way of salaries allowances
years of service

KUMAI BAYANG AKAAHS J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Sanyaolu J. of the Federal High Court, delivered on 30th September, 2003, wherein the learned trial Judge dismissed the Plaintiff's suit against the 1st Defendant and struck out the 2nd Defendant's name. In dismissing the suit, the court held that the Plaintiff failed to discharge the burden of proof placed on him by law to entitle him to judgment on his claim and that the 1st Defendant complied with the conditions laid down in the Staff Manual Exhibit D in dismissing him from his employment.

The Plaintiff now Appellant was appointed by the Defendant as a technician by a letter dated 25th May, 1965. His appointment was subsequently confirmed and became pensionable by a letter dated 30th May, 1967. He rose to the rank of Assistant Director. In 1999 he received a query Exhibit E for failure to maintain proper records for the distribution of diesel to other locations. He responded to t…

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