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ANYANWU
V.
UNIJOS

(2014) JELR 40019 (CA)

Court of Appeal 26 Feb 2014 Nigeria
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- The appellant challenged the termination of his employment by the University of Jos and sought declaratory and consequential reliefs, contending that the termination was contrary to the University of Jos Act and applicable staff regulatio

Case Details

Suit Number:CA/J/43/2010
Judges:TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria CHIOMA E. NWOSU-IHEME Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria
Counsel:H. N. Ugwuala with S. I. Bukar and S. L. Albarka For Appellant Mrs. M. Adeniyi with Balogu J. For Respondent

TIJJANI ABDULLAHI, J.C.A. (Delivering the leading Judgment): This is an appeal against the Ruling of the Federal High Court, Jos, presided over by Stephen Adah (J) in suit No. FHC/J/CS/3/2008, delivered on the 8th day of July, 2008, wherein the Appellant's case was dismissed by the learned trial Court for being statute barred.

In a reserved judgment, the learned trial Judge held inter-alia thus:

"It follows therefore that the Plaintiff who slept on his right and woke up to approach this Court well after the period prescribed by the law has elapsed is left with a bare, empty cause of action which is unenforceable as a result of the said lapses. I hold therefore that this suit is totally barred. It is accordingly dismissed."

Dissatisfied with the decision of the learned trial Judge, the Appellant approached this Court and filed a notice of appeal consisting of two grounds. With leave of this Court, the Appellant filed an Amended Notice of Appeal containing a total of four grounds. The B…

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