Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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V.
ONWULIRI

(2021) JELR 108791 (SC)    

Supreme Court  ·  SC.657/2013 ·  15 Jan 2021 ·  Nigeria
CORAM
Olabode Rhodes-Vivour, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Chima Centus Nweze, JSC Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC

Ratio Decidendi

Core Terms Beta
appeal
appellant
lower court
exhibits
trial court
counsel
record of appeal
appellate court
court of appeal
kudirat motonmori olatokunbo kekere-ekun
leading judgment
transmission of records
registrar of the court
records of all documents
transmission of the record of appeal
learned counsel
notice of appeal
proper order
summary dismissal of the plaintiff
transmission of the exhibits
transmission of the record
valid appeal
anthony ezike
appellant's counter affidavit
charge of the litigation department of the lower court
chief registrar of the trial court
course of transmission of the record
date of judgment
deputy chief registrar of the lower court
doubt lead
exhibits p1-p14
failure of the appellant
failure of the registrar of the trial court
following orders
learned trial judge
non-production of the exhibits
omission of the exhibits
order of court
prescribed time
primary duty of compilation
reply brief
respective parties
rules of court
said registrar
sole responsibility of the registrar of the lower court
transmitted record of proceedings
view of the extant court of appeal rules

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): By a Writ of Summons filed on 28/7/2003, the Respondent herein, as plaintiff, sought the following reliefs against the appellant, as defendant:

1. A DECLARATION that the purported summary dismissal of the Plaintiff from the Defendant conveyed in the letter dated 4/1/2000 is null, void and of no effect whatsoever same having been done without due process and proper authority.

2. An order of Court against the Defendant:

(a) Reinstating the plaintiff as a staff of the defendant or accepting the plaintiff's resignation from the date of judgment in this suit.

(b) Special damages:

(i) Salary arrears from January 1999 - December, 2002 at N1,000,083.33 per annum x 4 years = N4,000,333.32

(ii) Salary arrears from January 2003 to June 2003 at N83,340.28 per month = N500, 041.68

(iii) Gratuity from July 1989 - 2003 at N83, 340. 28 per annum x 14 years = N1,166,763.92.

(iv) Contributory pension for 14 years = N2,300,000.0…

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