(2006) JELR 43967 (CA)    

Court of Appeal  ·  CA/L/520/2004 ·  11 Dec 2006 ·  Nigeria
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
Core Terms Beta
action notice
nigerian railway corporation act
provision of section
exhibit co1
learned trial judge
provisions of section
lower court
laws of the federation
managing director of the respondent
civil procedure
learned counsel
legal proceedings
nigerian railway corporation act cap
notice of preliminary objection
rules of court
said act
statement of claim
briefs of arguments
case of amadi v
case of plateau investment
jurisdiction of the lower court
requirements of section
trial court
abia state
action notice counsel
argument holds
brief facts of this case
case of nnpc v
cases of ohanaka v
compliance of the appellant
contravention of the provisions of the standard conditions
counsel mr. o. a. orewale
date of service of the notice
employee of the defendant
extent make nonsense
long line of legal authorities
months notice of intention
nnpc v
propriety of the action
ruling of the federal high court
said 25th september
said grounds of appeal
services of the respondent
statutory corporation
such mandatory provisions
suit of the appellant

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court silting in Lagos delivered on the 5th of April. 2004. The trial court struck out the suit of the appellant as plaintiff in the lower court on the ground that the pre-action notice served by the appellant on the respondent did not comply with the provisions of section 83(2) of the Nigerian Railway Corporation Act Cap 323 Laws of the Federation 1990.

The brief facts of this case are as follows:- The plaintiff/appellant was an employee of the defendant/respondent, who is a statutory corporation set up by the Nigerian Railway Corporation Act. Cap 323 Laws of the Federation 1990.

By a letter dated 4th January, 2002, the appellant was dismissed from the services of the respondent, his employers. The appellant was aggrieved by the dismissal and through his counsel, messrs O. Adekoya and Co. served on the Managing Director of the respondent a statutory three months Not…

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