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OFILI Vs CIVIL SERVICE COMMISSION

(2007) JELR 48203 (CA)

Court of Appeal 16 Feb 2007 Nigeria
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Case Details

Suit Number:CA/B/65/2005
Judges:ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Counsel:Mr. Kanu For Appellant Mrs. T.O. Uloho Director of Civil LitigationMr. N.W. Ogbogu For Respondent

ALI ABUBAKAR BABANDI GUMEL, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Delta State High Court No. 3, Asaba. In a judgment dated 29th January, 2004, the learned trial judge held that the Plaintiffs/Appellant's action in Suit No. A/166/2002 was statute-barred and accordingly struck it out. In a statement of claim dated 12th September, 2002 and filed on 16th September, 2002, the plaintiff/appellant prayed for the following reliefs before the lower court.

They are:

1. "A declaration that the purported termination of the plaintiff's appointment by a letter dated the 4th day of August, 2000, reference No. AD/C.62/5/7 is improper, invalid, null and void and of no effect whatsoever;

2. An order that the plaintiff is still in the employment of the defendant;

3. An order directing the defendant to re-instate or restore the plaintiff to his position and/or status before the purported termination without loss of salary, allowances or seniority and without …

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