DINGOLI
V.
BARAU

(2011) JELR 57229 (CA)

Court of Appeal 23 Mar 2011 Nigeria
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- The appellant filed an appeal against the judgment of the Federal High Court, Yola, which dismissed the plaintiff's case for lack of merit. - The appellant sought various reliefs, including a declaration that his removal from the position

Case Details

Suit Number:CA/J/167/2010
Judges:ZAINAB A. BULKACHUWA JCA (Presided) TOM SHAIBU YAKUBU JCA ITA GEORGE MBABA JCA (Read the Lead Ruling)
Counsel:T. S. Ibanga Esq. - for the Respondent. -*- A. J. Akanmode Esq. (with him, Fadimatu Musa (Miss) - for the Appellant.

MBABA JCA (Delivering the Lead Ruling): Appellant filed an appeal on 14 June 2010 against the judgment of the Federal High Court, Yola, presided over by Hon. Justice S. M. Shuaibu and delivered on 29 March 2010, whereof the learned trial Judge dismissed the plaintiff’s case for lack of merit. Appellant was the plaintiff in that case and had sought, as per a writ of summons filed on 15 April 2009, the following reliefs against the defendants, who are the respondents in the appeal:

“(a) A declaration that the removal from office of the plaintiff as Registrar, Federal Polytechnic, Mubi on 1 April 2009 vide a letter retrospectively dated 19 March 2009 is unlawful, illegal, ultra vires and therefore null and void.

(b) A declaration that the plaintiff, having been appointed as registrar on 29 March 2007 has a fixed term that will expire on 29 March 2012.

(c) A declaration that the removal of the plaintiff as Registrar, Federal Polytechnic, Mubi by the 1st defendant is contrary to the man…

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