(2003) JELR 44923 (CA)    

Court of Appeal  ·  CA/K/300/2000 ·  22 Jan 2003 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
trial court
trial judge
civil service reforms
evidence of the appellant
implementation guidelines
rural development
such evidence
water resources
5th defendants
d. see
exhibits ia1
learned counsel
plaintiffs office
additional grounds of appeal
affidavit evidence
civil cases
decision of the learned trial judge
documentary evidence
facts of this case
following issues
i.n. buba of counsel
judgment of the learned trial judge
kaduna state civil service commission
kaduna state high court of justice
leading judgment
leave of the court
letter exhibit ia7
lower court act
notice of appeal
oral submission
order of court
purported retirement of the plaintiff
relevance of federal circular no. sgf
see afolabi v
service of the kaduna civil service
stoppage of the plaintiffs salary
strength of the letter
support of the respective appellant
support of the summons
verbose grounds of appeal

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): In the Kaduna State High Court of Justice, in the Kaduna Judicial Division, sitting in Kaduna, the applicant commenced an action by originating summons supported by a 37 paragraph affidavit to which were exhibited twenty six documents, marked as exhibits IA1 - IA26. The respondents did not contest the suit. Apart from filing a joint memorandum of appearance and making one appearance the respondents did not respond to the affidavit in support of the summons nor did they appear to make a speech or speeches in rebuttal.

Learned trial judge, Makeri, J., in a reserved and considered judgment, delivered on 30th June, 2000 dismissed the suit in its entirety. Being dissatisfied with the decision of the learned trial judge dismissing his claim, the applicant filed a notice of appeal containing six winding and verbose grounds of appeal. With leave of the court granted on 15th March 2001, applicant filed two additional grounds of appeal.

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