(2002) JELR 44405 (CA)    

Court of Appeal  ·  CA/K/20/01 ·  12 Dec 2002 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
preliminary objection
present case
trial court
laws of kano state
notice of appeal
civil procedure
humble view
limitation law
record of proceedings
said motion
final judgment
gana helma malgwi v. gadzama
judgment of the trial court
leave of this court
preliminary point
present action
public officers protection law
said respondent
trial judge
wrongful dismissal
1st respondent
2nd respondent
achineku v. ishagba
brief of argument
case of the appellant
course of trial
disciplinary action
effective date of the dismissal of the appellant
effiong v. ironbar
exchange of pleadings
high court of justice kano state
latest development
leading judgment
next date
order of immediate reinstatement
parties filing
purported dismissal of the plaintiff
rules of fair hearing
see domingo v. george
service of kano state government
unical v. essien
wit public officer

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): The Appellant as Plaintiff sued the Respondents jointly and severally at the High Court of Justice Kano State sitting at Kano claiming the following reliefs:

"1. A Declaration that the purported dismissal of the Plaintiff (i.e. the Appellant) is unconstitutional, null and void.

2. An Order of immediate reinstatement to his due position in the employ of the Defendants with arrears of his unpaid salaries.

And in the alternative, the Plaintiff claims N500,000.00 being Special and General Damages for, wrongful dismissal."

The facts leading to the Appellant's Suit are as follows:

The Appellant was employed by the 1st Respondent into the service of Kano State Government with effect from 19/7/77. At the time of his employment he was a holder of a Diploma in Estate Management. When the Appellant was employed, he was posted to serve under the 2nd Respondent on a salary scale of Grade level (G. L) 06. He served under the said Respondent …

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