(2002) JELR 44403 (SC)    

Supreme Court  ·  SC.60/1998 ·  12 Jul 2002 ·  Nigeria
Other Citations
Isievwore v. NEPA (2002) 13 NWLR (Pt.784)319 (2002) 7 S.C (Pt.II) 125
Isievwore v. NEPA (2002) 13 NWLR (Pt. 784) 417
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
service of the defendant
meter reader
statement of defence
further states
statement of claim
federal government
inter alia
legal effect
trial court
further answer
leading judgment
lower court
mr. s. edafiesumu
purported letter of retirement
purported retirement
special circumstances
abuse of the process of the court
addresses of counsel
a. i. katsina-alu
amended statement of claim
condition of service
court of appeal
edo state high court
established principle of law
following terms
learned justices of the court of appeal
letter of appointment
national electric power authority handbook
order of specific performance of an ordinary contract
plaintiff joins issues
principles of natural justice
public servant
public servants
result of his conduct
said letter
said mr. s. edafiesumu
salient paragraphs of the plaintiff
servants of the defendant
shell petroleum co.
s. m. a. belgore
special provisions
specific reply
s. u. onu
vital role

S. U. ONU, J.S.C. (Delivering the Leading Judgment): The plaintiff, herein appellant sued the defendant, herein respondent in the Edo State High Court holden at Benin claiming as follows:

"(i) A declaration that the defendant's letter dated 29th July, 1991 purporting to retire the plaintiff from the service of the defendant as senior artisan (M/R/T) is null and void and of no legal effect.

(ii) A declaration that the plaintiff is still in the service of the defendant and as such he is entitled to his salaries and emoluments and

(iii) An order that plaintiff be reinstated."

Pleadings were ordered, filed and amended but before the case went to trial, the appellant, in addition, filed a reply. Because of the vital role the pleadings have played in this case, I set out hereunder the salient paragraphs of the plaintiff's amended statement of claim, defendant's further amended statement of defence and plaintiff's amended reply as follows:


"(1) The pla…

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