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GARUBA
V.
KWARA INVESTMENT CO. LTD

(2005) JELR 55038 (SC)

Supreme Court 28 Jan 2005 Nigeria
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Case Details

Suit Number:SC.260/2000
Judges:SALIHU MODIBBO ALFA BELGORE JSC (Presided) UMARU ATU KALGO JSC DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment) SUNDAY AKINOLA AKINTAN JSC
Counsel:K. K. Eleja, Esq. (with him, Mr. S. A. Oke) - for the Appellant. -*- Duro Adeyele (with him, Miss Toyin Aladegbami and Miss Tosin Oyeyipo) - for the 1st Respondent. D -*- Saka A. Isau, Esq. Attorney-General, Kwara State (with him, Mr. -*- A. Gegele) - for the 2nd and 3rd Respondents.

OGUNTADE JSC (Delivering the Lead Judgment): The appellant (hereinafter referred to as the plaintiff), commenced this suit against the respondents (hereinafter referred to as the defendants) at the Omuaran High Court of Kwara State. In paragraph 7 of his statement of claim, the plaintiff expressed the reliefs which he sought by his action in these words:

“7. Wherefore the plaintiff claims against the defendants both jointly and/or severally or in the alternative: a declaration that the dismissal order is null and void a declaration that the 2nd defendant ought to have reversed the dismissal order. an order reinstating the plaintiff into 2nd defendant’s service or that of the Kwara State government as represented by the 3rd defendant and an order directing the 2nd and/or 3rd defendant to cause to be paid jointly and/or severally all the outstanding entitlements of the plaintiff.”

The plaintiff filed a statement of claim. However, only the 2nd defendant filed a statement of defence. O…

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