Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NASIR
V.
CIVIL SERVICE COMMISSION KANO STATE & ORS.

(2010) JELR 43872 (SC)    

Supreme Court  ·  SC.144/2003 ·  5 Feb 2010 ·  Nigeria
 · 
Other Citations
Nasir v. C.S.C., Kano State (2010) 6 NWLR (Pt.1190) 253 SC
CORAM
NIKI TOBI JSC ALOMA MARIAM MUKHTAR JSC IKECHI FRANCIS OGBUAGU JSC JAMES OGENYI OGEBE JSC JOHN AFOLABI FABIYI JSC

Ratio Decidendi

Core Terms Beta
appellant
court
law
learned trial judge
learned counsel
statute of limitation
public officers
issues
lead judgment
lower court
inter alia
laws of kano state
month period
trial court
dismissal of the suit
learned trial
preliminary objection
circumstance of this matter
civil procedure
high court
kano state
law cap
provisions of order
public officers protection law
above principle
breach of the failure of the trial judge
briefs of argument
consideration of those issues
court of appeal kaduna division
date of dismissal of the appellant
decision of the court of first instance
end of the trial
following observation
following reliefs
hiding of files
high court of justice of kano state
implication of a final judgment
interpretation of the said rule
issue of statute of limitation
j. o. ogebe j.s.c
leading judgment
matter of fact
part of my judgment
record of proceedings of the trial court
right of fair hearing of the appellant
rules of court
service of the defendants
statement of evidence
such denial

A.M. MUKHTAR, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff in the High Court of Justice of Kano State sought the following reliefs against the respondents:-

"(a) A declaration that the plaintiff still (sic) in the service of the defendants and that he is entitled to his full remunerations and leave allowance since dismissal.

(b) A declaration that the letter of his dismissal dated 30th January, 1996 and letter of interdiction dated 22nd August 1995 are null and void and no effect.

(c) A declaration that the plaintiff is entitled to all his allowances as an employee of the defendants.

(d) A declaration that the plaintiff who is an employee of the defendants be with immediate effect re-instated by the defendants."

Pleadings were exchanged by the parties. After the appellant had given evidence and closed his case, the defendant/respondents filed their statement of evidence. On 18/4/2000 learned counsel for the respondents moved a motion for the dismissal of the su…

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