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S.P.D.C. (NIG.) LTD
V.
EMEHURU

(2006) JELR 53604 (CA)

Court of Appeal 2 Mar 2006 Nigeria
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Case Details

Suit Number:CA/PH/249/2002
Judges:MUSA DATTIJO MUHAMMAD JCA (Presided) ISTIFANUS THOMAS JCA (Read the Lead Judgment) MONICA BOLNA’AN DONGBAN-MENSEM JCA
Counsel:J. Flag Amachree Esq. - for the Appellant . -*- A. Amuda-Kannike Esq. (with him, A. O. Yusuf Esq.) - for the Respondent .

THOMAS JCA (Delivering the Lead Judgment): This is an appeal by the defendant/appellant against the part judgment in suit No. PHC/ 1058/98 delivered on 17th June, 2002 by the Hon. Chief Judge of Rivers State. The plaintiff/respondent at the lower court by his writ of summons and the amended statement of claim as shown in the record of appeal at pages 1 - 3 and 13 - 20 respectively are as follows:

“Wherefore the plaintiff claims against the defendant as follows:

A declaration that the purported termination of the appointment of the plaintiff by or through an independent contractor not beinghis employer is null, void and of no effect whatsoever. (b) A dec laration t hat the plaintiff is still in t he employment of the defendant, his employment having not been validly terminated through a 3rd party.

(c) An order directing the defendant to reinstate the plaintiff to his status or position as a servant of the defendant without prejudice to entitlements and promotions which might have accrue…

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