(2001) JELR 50960 (CA)    

Court of Appeal  ·  CA/I/65/2000 ·  28 Nov 2001 ·  Nigeria
Core Terms Beta
statement of claim
common question of law
statement of defence
series of transactions
causes of action
civil procedure
high court
such persons
grounds of appeal
high court of oyo state
separate action
learned trial judge
misjoinder of parties
appellant’s brief
employment of the defendant
leading judgment
misjoinder of causes of action
notice of appeal
particulars of claim
respondents’ brief
such joinder
wrongful termination of plaintiffs
appellants’ brief
chapter ix of commentaries
common law suit
court of appeal rules
decision of a high court
decision of the court of appeal
disregard of his trade union rights
example of misjoinder of parties
following day
gen rivers state
grounds of misjoinder of parties
high court of ibadan
issue of law
mrs. amadi rose u
overall interest of the fair administration of justice
plaintiff claims
purported termination of the plaintiffs
respect of proper constitution of action
respondent’s counsel
said paragraph
separate contracts of employment

ONALAJA, JCA (Delivering the Leading Judgment): In paragraph 16 of the statement of claim filed by the three plaintiffs in the High Court of Oyo State, Ibadan they claimed as set out under. This approach has been adopted following the rule in our adversarial system that the particulars of claim supersedes the particulars of claim set out in the writ of summons Lahan v. Lajoyetan (1972) 6 SC 190; Ndigwe v. Nwude (1999) 12 NWLR (Pt. 626) page 314 SC; Nnubia v. Att.- Gen Rivers State (1999) 3 NWLR

(Pt. 593) page 82 CA; U.B.A . Ltd. v. Ademuyiwa (1999) 11 NWLR (Pt. A 628) page 570 CA.

The said paragraph 16 of the statement of claim is the conclude paragraph and reads as follows:-

“16 WHEREOF the plaintiff claims against the defendant:

A declaration that the purported termination of the plaintiffs’ employment are illegal, null and void and of no effect whatsoever and that the plaintiffs are and continues to be in the employment of the defendant notwithstanding the purported terminati…

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