Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FEDERAL MORTGAGE FINANCE LTD.
V.
EKPO

(2003) JELR 44887 (CA)    

Court of Appeal  ·  CA/C/37/2002 ·  18 Feb 2003 ·  Nigeria
 · 
Other Citations
F.M.F. Ltd. v. Ekpo [2004] 2 NWLR (Pt.856)100
CORAM
SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
general damages
learned trial judge
staff conditions of service
support of his case
weight of evidence
award of general damages
statement of claim
plaintiff claims
burden of proof
leading judgment
burden shifts
thrust of his case
appellant's staff conditions
evidence of the plaintiff
trial judge
following terms
award of damages
respondent
briefs of argument
evidence of his conditions of service
learned counsel
mental agony
judgment of philomena m. ekpe
plaintiff
financial hardship
amended statement of claim
proof of the claim of any injury
grounds of appeal date 31st may
said staff conditions of service
cross-examination
tender condition of service
lead secondary evidence
case of the plaintiff
respect of the first issue
record of proceedings
gratuity
cross river state high court of justice
document of contract of service
lack of sufficient money
appellant
written conditions of service
civil cases
correctness of any given award
court
written agreement
clear misconception of the argument
burden of proof of particular fact lies

ISTIFANUS THOMAS, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Philomena M. Ekpe, J., of Cross River State High Court of Justice, Calabar Judicial Division, delivered on 19th day of April, 2002, in suit No. C/87/98, between the respondent, who was the plaintiff against the appellant, who was the defendant.

The respondent claimed in the court below as per his amended statement of claim in paragraph 28 thus:

Whereof the plaintiff claims from the defendant as follows:

"(a) A declaration that the plaintiff having served the defendant for a period of 8 years is entitled to be paid his gratuity in accordance with the staff conditions of service.

(b) An order that the plaintiff be paid his gratuity by the defendant having served it faithfully and diligently for eight years.

(c) General damages of ₦3 million (Three million Naira only) against the defendant for wrongfully and illegally withholding the plaintiff's gratuity and exposing him to financial hardsh…

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