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ODEYEMI
V.
NIGERIA TELECOMMUNICATIONS PLC

(2009) JELR 42637 (CA)

Court of Appeal 17 Apr 2009 Nigeria
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Case Details

Suit Number:CA/L/164/04
Judges:CLARA BAT A OGUNBIYI Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Counsel:O. Onamade For Appellant Absent and not Represented. For Respondent

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court Lagos presided over by Gumel J. (as he then was) delivered on 12th July, 2002 dismissing the suit filed by the plaintiff now appellant on the ground that the action was statute - barred by virtue of S. 2 (a) of the public officers Protection Act Cap 41 Laws of the Federation of Nigeria 2004.

The Plaintiff now appellant instituted an action at the Federal High Court Lagos seeking among other things a declaration that the purported dismissal by the defendant now respondent was effected without authority and is therefore illegal, invalid and ineffectual. The reliefs sought are contained in paragraph 22 of the Statement of Claim appearing at pages 5 - 7 of the record. Respondent did not file any statement of defence. The learned trial Judge proceeded to hear the matter and appellant testified but did not call any witness. After the conclusion of trial and final addres…

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