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ENAKHIMION
V.
EDO TRANSPORT SERVICES

(2005) JELR 56645 (CA)

Court of Appeal 10 Jun 2005 Nigeria
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Case Details

Suit Number:CA/B/181/99
Judges:RABIU D. MUHAMMAD JCA (Presided and Read the Lead Judgment) PATRICK IBE AMAIZU JCA NWALI SYLVESTER NGWUTA JCA
Counsel:D. O. Okon (with him, A. S. Osin) - for the Appellant . G -*- K. E. Mozia (with him, A. Ojo) - for the Respondent .

MOHAMMED JCA (Delivering the Lead Judgment): The appellant herein was employed as a driver by the respondent with effect from 19th September, 1989 on salary scale J.S.6 step 1. By a letter Ref: No.C/BTS/50/Vol.III/47 dated 14thDecember, 1990, he was dismissed from the services of the respondent. The appellant made efforts so that he could be reinstated by the respondent but in vain. He therefore sued the respondent for the following reliefs:

“1. A declaration that the plaintiff’s dismissal by the defendants as per letter Ref: No.C/BTS/50/Vol. III/47 and dated 14th December, 1990 is wrongful, illegal, unconstitutional and therefore null and void.

2. A declaration that the plaintiff is still in the service of the defendant and entitled to his full salaries and allowances from November, 1990 till the date of judgment.

3. Alternatively, an order that the plaintiff be paid all his salaries from November, 1990 until he attains the retirement age of 55 years in the lump sum, subject to paym…

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