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ABBA
V.
JAMB & ANOR

(2014) JELR 36244 (CA)

Court of Appeal 4 Dec 2014 Nigeria
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- The appellant approached the National Industrial Court seeking a declaration that the termination of his employment was a breach of his contract and a violation of his right to fair hearing. - The respondents filed a preliminary objection

Case Details

Suit Number:CA/YL/7/2013
Judges:JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Counsel:Mr. Husseini G. Maidawa For Appellant Mr. E. O. Odo, holding the brief of Mr. Ibrahim Angulu For Respondent
Other Citations:(2014) JELR 53997 (CA)

JUMMAI HANNATU SANKEY, J.C.A.(Delivering the Leading Judgment): This Appeal arose from the Ruling of the National Industrial Court, sitting in Yola delivered, on the 29th October, 2012. The Appellant, as Claimant, had approached the Lower Court via a Writ of summons seeking a declaration that the termination of his appointment by the Defendants, (now Respondents), is a breach of his contract of employment; and also claiming that the said action is null and void and a breach of the Claimant's fundamental right to fair hearing as guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In addition, he sought five (5) other ancillary reliefs. After the Appellant had filed his Complaint before the Lower Court, as well as his Statement of Facts, the Respondents filed a preliminary objection to the hearing of the suit, and shortly thereafter, filed their Statement of Defence. The ground for the objection was that the action was statute-barred by vi…

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