(2000) JELR 43931 (CA)    

Court of Appeal  ·  CA/L/243/97 ·  11 Jul 2000 ·  Nigeria
Other Citations
Aro v. Lagos Island L.G.C. (2002) 4 NWLR (Pt.756)
Aro v. Lagos Island L.G.C (2002) 4 NWLR (Pt. 757) 385
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
edict no.
existing law
default of appearance
lagos state
trial judge
local government law no.
common law position
issue no.
considered view
earlier judgment
inter alia
interpretation act
repealed enactment
high court
local government edict no.
provisions of section
suit no. ld
acceptable reasons
common law principle
constitution of the federal republic of nigeria
issue of repeal
lagos high court
learned counsel
local government law of lagos state
provisions of sections
said judgment
set aside
determination of the court
employee of the respondent
facts of the case
given subject-matter
grounds of appeal
interpretation of statutes
leading judgment
learned trial judge exercise
local government law no.1
proposed statement of defence
provision of section
reviving words
said edict no.
said ruling of the court
second reason
volumes of the laws of lagos state

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice M. A. Ope-Agbe of the Lagos State High Court sitting in Lagos High Court, delivered on the 26th day of May, 1995, in suit No. LD/3144/92 in which he set aside an earlier judgment in the suit which he delivered on 18th June, 1993.

The facts of the case are that the appellant was until the 27th day of March, 1991, when his appointment was terminated, an employee of the respondent. Following the termination the appellant instituted an action at the Lagos High Court challenging the termination. All the processes, including motion for judgment, were duly served on the respondent who took no steps to defend the action. Since the reliefs claimed by the appellant include declaration the learned trial Judge ordered the appellant to lead evidence in proof of his claim which was done. Learned counsel for the appellant addressed the court which entered judgment against the respondent on the 18…

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