AYONRONMI
V.
NNPC

(2010) JELR 50992 (CA)    

Court of Appeal  ·  CA/A/265/2007 ·  29 Jan 2010 ·  Nigeria
CORAM
UWANI MUSA ABBA-AJI JCA (Read the Lead Judgment) JIMI OLUKAYODE BADA JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA
Core Terms Beta
appellant
court
action
honourable court
lower court
appellant’s suit
cause of action
action notice
writ of summons
appellant’s action
learned trial judge
statement of defence
abuse of court process
appellant’s claim
jurisdiction of the lower court
case of a continuance of damage
court’s jurisdiction
crux of the appellant
date of judgment
issue of incompetence of the respondent
letter of termination
nigerian national petroleum corporation act
plaintiff’s appointment
preliminary objection
provisions of the defendant
respondent’s counsel
appellant’s right
challenge of the trial court
defendant of the lower court
documentary evidence
exchange briefs of argument
issue of the incompetence of the respondent
judgment of hon. justice a. i. chikere of the federal high court
lead judgment
months limitation period
notice of appeal
paragraphs a-g.
particulars of claim
plateau state
points of the law
purported termination of the plaintiff
raise issues
reinstatement of the appellant
respondent’s assertion
such letter
termination of appointment of its staff
thelearned trial judge
trial court’s jurisdiction

SAULAWA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Hon. Justice A. I. Chikere of the Federal High Court, sitting atAbuja, delivered on 19 March 2007, wherein the court struck out the appellant’s (plaintiff at the lower court) suit for being statute barred, sequel to an application brought by the respondent’s counsel, challenging the trial court’s jurisdiction to entertain the suit, as same was statute barred.

The appellant, vide a writ of summons, filed 6 March 2003, and a further amended particulars of claim, filed on 15 June 2006, brought thisaction against the respondent (defendant of the lower court) claiming as follows: A declaration that the plaintiff is entitled to be restored to duty from his suspension in accordance with the provisions of the defendant’s guidelines and conditions of service touching on suspension from duty, a half pay of its self. A declaration that the refusal of the defendants to recall the plaintiff from suspension fro…

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