UZOHO
V.
TASK FORCE ON HOSPITAL MANAGEMENT

(2003) JELR 51014 (CA)    

Court of Appeal  ·  CA/PH/167/97 ·  16 Apr 2003 ·  Nigeria
CORAM
SUNDAY AKINOLA AKINTAN, JCA (Presided) ABOYI JOHN IKONGBEH, JCA DAVID ADEDOYIN ADENIJI, JCA (Read the Lead Judgment)
Core Terms Beta
issues
evidence act
task force
appellant’s counsel
fair hearing
respondents’ counsel
criminal charge
issue no.
appellant’s claim
burden of proof of the material facts
facts of this case
gross misconduct
learned counsel
learned trial judge
lower court
trial court
x-ray
1st respondents
2nd defendant
appellant’s appointment
appellant’s claims
claim of the appellant
copy of the said proceedings
criminal offence
cross-examination
culprit needs
evidence act cap
exhibit a
general hospital
hearing of the appeal
hospitals management board edict no.
imo state edict no.
investigating panel
issue fordetermination
judicial functions
learned defence counsel
lower court’s decision
matters of judicial notice
nature of the appellants
oral evidence of the facts
proceeding of the task force
provision of section
quality of evidence
real issues
said allegation
staff pension
such evidence
task force venue of the case
trial of this case
view of the court

ADENIJI, JCA (Delivering the Lead Judgment): This is an appeal against the decision of Maranzu J. of the Imo State High Court sitting at Owerri, delivered on 13th May, 1996. The learned trial Judge dismissed the appellant’s claim.

The claim of the appellant in the court below was for:

A declaration that the purported dismissal of the plaintiff from his employment as a Radiographer with the General Hospital, Owerri and the consequential directive that the plaintiff shall refund the sum of N165.00 to the 2nd defendant in this suit are void. (b) The sum of N100,000.00 (One hundred thousand naira ) damages for wrongful dismissal and loss of earnings.”

The appellant being dissatisfied with the lower court’s decision appealed against same filing three grounds of appeal. At the hearing of the appeal, the appellant distilled 2 issues from the three grounds of appeal filed for determination. These are: “(a) Whether the trial court misplaced the burden of proof of the material facts at the trial…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login