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SPDC NIGERIA LTD.
V.
EMEHURU

(2006) JELR 48813 (CA)

Court of Appeal 2 Mar 2006 Nigeria
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Case Details

Suit Number:CA/PH/249/2002
Judges:MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Counsel:F J. Flag Amachree, Esq. For Appellant A. Amuda-Kannike, Esq.;.O. Yusuf, Esq. For Respondent
Other Citations:S.P.D.C. (Nig.) Ltd. v. Emehuru (2007) 5 NWLR (Pt.1027)

THOMAS, J.C.A. (Delivering the Leading 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 defendants as follows:

(a) A declaration that the purported termination of the appointment of the plaintiff by or through an independent contractor not being his employer is null, void and of no effect whatsoever.

(b) A declaration that the plaintiff is still in the employment of the defendant his employment having not been validly terminated through a 3rd party.

(c) An order directing the defendant to re-instate the plaintiff to his status or position as a servant of the defendant without prejudice to entitlements and promotions which might h…

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