NNPC
V.
EVWORI

(2006) JELR 57682 (CA)    

Court of Appeal  ·  CA/B/2/2003 ·  3 May 2006 ·  Nigeria
CORAM
PIUS O. ADEREMI JCA (Presided and Read the Lead Judgment) STANLEY SHENKO ALAGOA JCA UWANI MUSA ABBA-AJI JCA
Core Terms Beta
action notice
respondent
appellants
nnpc act
lower court
action
aderemi jca
laws of the federation of nigeria
statement of defence
amended statement of claim
brief of argument
lead judgment
setting up of the panel
conditions of service
favour of the plaintiff
issue number
issue of non-compliance
mr. omofuma
nigerian national petroleum corporation
order of court
particular case
said vehicle
senior driver
such condition precedent
1st defendant corporation
26th day of september
amicable settlement of the case
brief of his clients
case of each party
conduct of the plaintiff
employment of the 2nd defendant
enjoyment of the right
exhibit a
finding of the learned trial judge
following terms
good condition
judgment of the high court of justice
judicial authorities
learned trial judge’s recourse
letter of offer of employment
letter reference ngc
member of the said panel
notice of appeal
number of promotions
precedent mean
purported termination of the appointment of the plaintiff
said notice
suit no. uhc
supreme court decision
ughelli of the 2nd defendant company

ADEREMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice, Delta State of Nigeria , sitting at Ughelli Judicial Division in suit No. UHC/93/91: Benjamin Manager Evwori v. Nigerian National Petroleum Corporation and Nigerian Gas Co. Ltd on the 22nd of October, 1998 in which the lower court found in favour of the plaintiff (hereinafter referred to as respondent) but against the defendants before that court (hereinafter referred to as appellants).

In reaching its conclusion, the lower court had reasoned thus:

“But the court disagrees with counsel as to the setting up of the panel to probe the conduct of the plaintiff. The Constitution of the panel was ab initio tainted with bias, the senior driver, Mr. Omofuma was a member of the said panel. There is evidence before the court, which it accepts that Mr. Omofuma with DW2 tested the said vehicle from Ughelli to Patani and DW2 later gave evidence before the panel ... The court is of…

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