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UNIVERSITY OF CALABAR
V.
UMOH

(2010) JELR 47637 (CA)

Court of Appeal 4 Mar 2010 Nigeria
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- This is an appeal against the judgment of the Federal High Court, Calabar Judicial Division, regarding the dismissal of a non-academic staff member for gross misconduct. - The plaintiff challenged his dismissal and the trial judge ruled i

Case Details

Suit Number:CA/C/87/2008
Judges:KUMAI B. AKAAHS JCA JAFARU MIKA'ILU JCA N. S. NGWUTA JCA
Counsel:OKON N. EFUT, ESQ For the Appellant CHIEF G. A. UDOUSORO ESQ. For the Respondent

JAFARU MIKA'ILU, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of the Federal High Court, Calabar Judicial Division, presided over by Hon. Justice A. O. Ajakaye. The said judgment was delivered on 14th November, 2002. Therein the Plaintiff/Respondent, a non-academic staff of the Defendant/Appellant was alleged to have committed gross-misconduct in that he collected money from members of the public with a promise to influence their admission contrary to the Rules and Relations which governed his employment. As a result, by a letter dated 2nd September, 2002, the plaintiff/Respondent was dismissed from the service of the Defendant for gross misconduct.

On the 30th day of July, 2004, the plaintiff/Respondent took out a writ of summons challenging his dismissal. At the end of the trial the trial Judge gave judgment in favour of the plaintiff, nullifying his dismissal and ordering his reinstatement and payment of all his salaries and allowances.

Dissatisf…

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