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IMO STATE SECONDARY EDUCATION MANAGEMENT BOARD & ORS
V.
DURU C. I & ORS

(2017) JELR 38014 (CA)

Court of Appeal 4 May 2017 Nigeria
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Case Details

Suit Number:CA/OW/336/2014
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:E.C. Aguta (Mrs) DADR (Imo) For Appellant C. C. Okoroafor with A. T. Eze For Respondent

TUNDE OYEBANJI AWOTOYE, JCA (DELIVERING THE LEADING JUDGMENT): This is the judgment in respect of the appeal of the appellants filed on 30/1/2014. It is against the decision of Imo State High Court sitting at Owerri in Imo State delivered on 1/11/2013. The Claimants claim at the lower Court, as per paragraph 16 of their statement of claim reads thus:

1. A Declaration of the Honourable Court, that the purported retirement of the claimants from the service of Imo State Government, based on the inclusion of their years of study leave without pay as part of the defendants years of service is wrongful, unconstitutional and of no effect whatsoever.

2. An Order of Court directing the defendants to recall forthwith the claimants to their various positions in their various schools as teachers and or principals or staff of the said schools and to pay their salaries and other entitlements as and when due until the claimants attain retirement either by age or period of service.

3. Injunction restra…

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