(2012) JELR 49318 (CA)    

Court of Appeal  ·  CA/IL/93/2010 ·  2 Jul 2012 ·  Nigeria
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria OBANDE F. OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
conditions of service
allegation of misconduct
compulsory retirement
learned trial judge
public interest
trial court
appointment of the respondents
grounds of appeal
learned acting chief judge
contract document
fair hearing provisions of chapter
letters of termination of appointment
lower court
retirement of the respondents
retiring age
termination of appointment
compulsory retirement of the claimants
lone issue
polytechnic staff
regulation governing conditions of service
reliefs of the respondents
terms of employment
terms of the claimants
years of service
academic staffs of the kwara state polytechnic
argument of the learned counsel
brief fact of the case shows
brief of argument
case of academic staff
chief judge of kwara state
conditions of the service
draw inference
employment of the claimants
face of the counter affidavit
global construction of the terms of employment
kwara state
learned trial court
matter of fact
provisions of the state polytechnic law
reasonable inference
required procedure
said retirement
sole issue
staff of the polytechnic
statutory procedures

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgement of Hon. Justice S. D. Kawu (Acting Chief Judge of Kwara State, as he then was) in suit no. KWS/164/2009, delivered on 17th June, 2010, wherein the learned Acting Chief Judge granted all the reliefs of the respondents (who were claimants at the lower court), and specifically ordered that the Respondents be reinstated in their offices, with all their rights and privileges, from the date of their purported compulsory retirement, and their salaries, emoluments and entitlements paid, from the date of purported compulsory retirement, till date of re-instatement.

In their reliefs, as per the originating summons, the Respondent, had prayed as follow:

(1) "A declaration that the purported compulsory retirement of the claimants convered by letters dated 18th June, 2009 is ultra vires, unlawful, null and void having regard to the terms of the claimants' appointment with the Polytechnic, the Regulation…

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