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(2012) JELR 49299 (CA)    

Court of Appeal  ·  CA/L/475/09 ·  5 Jul 2012 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MUHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

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1st defendant
trial court
2nd defendant
learned trial judge
trial judge
originating summons
public service of the federation
conditions of service of the 1st defendant
constitution of the federal republic of nigeria
federal high court
management board of the 1st defendant
rules of court
2nd respondent
leading judgment
counter affidavit of the parties
firm view
lawful employment
lower court
meaning of section
pension act cap
staff regulations
substantial disputes of fact
1st defendant determinable
2009.the facts
commencement of action
conditions of service of the board
consequent summary termination of the plaintiff
decision of the management board of the 2nd defendant
employment of the plaintiffs
evidence act
following questions
issue of the inappropriateness of the originating summons procedure
jurisdiction of the court
learned counsel
month notice
nsitf deductions
open court
organ of the 3rd defendant
paragraph affidavit
paragraph counter-affidavit
s.318 of the constitution of the federal republic
stage of a proceedings raise
such terms

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice A.O Ajakaiye sitting at the Federal High Court, Lagos Judicial Division delivered on the 7th day of April, 2009.The facts that led to the appeal are as follows:

The Plaintiff now Appellant had by an Originating Summons asked the trial court certain questions; claimed certain declaratory reliefs together with an Order for perpetual injunction and asked for an Order reinstating the Appellant to her lawful employment. Precisely, the Plaintiff claimed inter alia as per her originating summons the following principal relief:

A DECLARATION that the Plaintiff's employment with the 1st Defendant at its Lagos Zonal office is service in the public service of the Federation and is by S. 172 and S. 173 of the Constitution of the Federal Republic of Nigeria and S. 4 of the Pension Act Cap 346 LFN 1990 as well as the conditions of service of the 1st Defendant guaranteed up to the…

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