Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108840 (CA)    

Court of Appeal  ·  CA/YL/37/20 ·  7 Jun 2021 ·  Nigeria
Chidi Nwaoma Uwa JCA Bitrus Gyarazama Sanga JCA Jamilu Yammama Tukur JCA

Ratio Decidendi

Core Terms Beta
1st respondent
trial court
learned counsel
rules of the trial court
appellants’ notice
lower court
appellants’ brief
grounds of appeal
leave of this court
new issue
way of originating summons
learned trial judge
decision of the trial court
determination of the appeal
judgment of the lower court
national industrial court of nigeria
originating summons procedure
1st defendant
1st respondent’s brief
2nd respondent
background facts
competence of ground
national industrial court
powers of the 1st defendant
section 254c
above case
argument of the learned counsel
b. the black’s law dictionary
circumstance of this suit
circumstances of this case
close of the trial
combined reading of sections
favour of the 1st respondent
following questions
further order of perpetual injunction
jamilu yammama tukur
japual b
leading judgment
matter of contract of employment
order of court
respect of his appointment

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The 1st Respondent as the claimant at the trial Court took out this action via Originating Summons Procedure against the Appellants and the 2nd Respondent herein as defendants seeking declaratory reliefs in respect of his appointment as Member III of the Adamawa State House of Assembly Service Commission. The 1st Respondent also sought a perpetual injunction restraining the defendants or anyone acting through them from interfering with the claimant’s appointment as Member III of the Adamawa State House of Assembly Service Commission.

The parties filed and exchanged their processes with exhibits. At the close of the trial, the National Industrial Court, sitting in Yola presided over by K.D. Damulak, J. (hereafter referred to as the lower Court) entered judgment in favour of the 1st Respondent and granted all the reliefs claimed.

The appellants were dissatisfied with the decision thus this appeal.

The background facts are that the…

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