(2006) JELR 80189 (CA)    
Court of Appeal  ·  CA/I/273/99 ·  27 Jun 2006 ·  Nigeria
Other Citations
(2006) 13 NWLR (Pt. 998) 555
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judicial service committee
laws of oyo state
central bank of nigeria
learned trial judge
lower court
supreme court
causes of action
laws of the federation
natural person
natural persons
writ of summons
behalf of the respondent
execution of any such law
interpretation of the words
lone issue
profit purpose
public duties
17th day of february
above cited authorities
above state laws
behalf of the appellant
clear focus
company of proprietors of margate pier
decisions of various divisions of this court
deliberate refusal
duty of the court
following provisions
follow up
high court of justice ibadan
judicial system
leading judgment
learned judge
national electric power authority
overall control
oyo state of nigeria
public bodies
public officers protection act
public officers protection law
public officers protection law cap
respect of any alleged neglect
right of action
stare decisis
virtue of section

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling handed out by Adio, J. while sitting at the High Court of Justice Ibadan, Oyo State of Nigeria on 18th November, 1999. The learned trial Judge dismissed the defendant's preliminary objection to the plaintiff's case.

By a writ of summons filed on 3rd of December, 1993 the respondent herein as plaintiff at the lower court claimed against the appellant herein as defendant thereat as follows:

"1.A declaration that the indefinite suspension of the plaintiff by the defendant's letter of the 17th day of February, 1988 is contrary to the provisions of the defendant's staff manual and therefore unlawful, null, void and of no legal effect whatsoever.

2.A declaration that the termination or purported termination of the plaintiff from the defendant's

employment by a letter dated 9th February, 1993 is unlawful in that it is with retrospective effect and therefore null, void and of no effect whatsoever.

3.A declaratio…

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