(1976) JELR 46288 (SC)    

Supreme Court  ·  SC.374/1975 ·  12 Mar 1976 ·  Nigeria
Other Citations
(1976) All N.L.R 190
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
learned trial judge
vesting date
1st defendant
2nd defendant
chief accountant
high court of lagos state
1st june
material times
national electric power authority
amended statement of claim
circumstances of the case
electricity corporation of nigeria
interlocutory order
provisions of order
allegations of the plaintiff
chief executive officer
claim of the respondent
exhibit d
exhibit g
liability of the 2nd defendant
address of counsel
civil procedure rules
contract of service
discipline of officers
dismissal of the respondent
e.c.n. headquarters
edition of the laws of nigeria
employee of electricity corporation of nigeria
established staff of the 2nd defendants
final decision of the learned trial judge
former supreme court
leading judgment
letter exhibit b
materials paragraphs
national electric power authority decree
order of the court of trial
penultimate section of his judgment
present suit
ruling of the learned trial judge
said defendant
single appeal
statement of claim fail
such modification
wrongful termination of plaintiff

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): Although this matter has come up before us as a single appeal, there are, in fact, two separate appeals involved and, for convenience, we shall refer to them as (a) the Principal appeal and (b) the Subordinate appeal. The Subordinate appeal is from the Ruling of the learned trial judge, dated 19th February, 1973, dismissing the appellants' interlocutory application, pursuant to the provisions of Order 28, rule 1 of the former Supreme Court (Civil Procedure Rules) (hereafter referred to as "the old S.C.R.") - contained in Vol. 10 of the 1948 edition of the Laws of Nigeria applicable, in February 1973, in the High Court of Lagos State - for dismissal of the respondent's "action on the ground that even if the allegations of the plaintiff (i.e. respondent) were admitted or established, yet the plaintiff would not be entitled to any decree against the defendants". The question raised by the Principal appeal, which is from the final decis…

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