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V.
NWAGBARA

(2006) JELR 53787 (CA)

Court of Appeal 2 Mar 2006 Nigeria
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- The appellant appealed against a Rivers State High Court ruling refusing an application for extension of time to set aside a default judgment entered against it in favour of its former employee (the respondent) in fundamental rights enfor

Case Details

Suit Number:CA/PH/288B/97
Judges:MUSA D. MUHAMMAD JCA (Presided and Read the Lead Judgment) ISTIFANUS THOMAS JCA MONICA BOLNA’AN DONGBAN-MENSEM JCA
Counsel:J.O. Kamalu Esq. (with him, C. A. Okanwa) - for the Appellant. -*- O. Wali Esq. (with him, Ohuoha Esq.) - for the Respondent.

DATTIJO MUHAMMAD JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Port Harcourt Division of the Rivers State High Court (hereinafter called the lower court) dated 23rd July, 1996 refusingappellant’s prayers for enlargement of time within which to ask for an order for the setting aside of the court’s substantive judgment delivered on 18th July, 1995 in suit No. PHC/74/95. Hereunder provided are the facts on which appellant’s appeal is anchored.

The respondent in this appeal was the applicant in suit No: PHC/74 95 while the appellant was the respondent tothe said application. Respondent was appellant’s employee and had risen to become its Port Harcourt branchmanager. Sequel to a petition against the respondent by some staff of the appellant, the latter vide a letter dated 16th February, 1995 suspended and barred the former from its premises pendingthe outcome of investigations into the allegations in the petition. Irked by his suspension, the investigatio…

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