Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLATUNBOSUN
V.
NIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH COUNCIL

(1988) JELR 45307 (SC)    

Supreme Court  ·  SC.136/1986 ·  10 Jun 1988 ·  Nigeria
 · 
Other Citations
Olatunbosun v. NISER Council (1988) NWLR (Pt.80) 25
Olatunbosan v. NISER Council (1988) 3 NWLR (Pt. 80) 25
CORAM
KAYODE ESO JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC ABUBAKAR BASHIR WALI JSC EBENEZER BABASANYA CRAIG JSC

Ratio Decidendi

Core Terms Beta
appellant
council
plaintiff
old institute
new institute
university of ibadan
decree no.
due hearing
fair hearing
nigerian institute of social
new niser
old niser
research professor
rules of natural justice
exhibits 3h
university staff
breach of its contract
consent of the council
court of first instance
date of the notice make arrangement
economic research council
economic research decree no.
employee of the university of ibadan
employer of the appellant
fact paragraphs
important issue
letter of the 31st march
main issues
member of the senate of the university
months salary
old niser institute
part of the university of ibadan
permanent appointment
plaintiffs appointment
plaintiffs services
plaintiffs statement of claim
prolixity of issues
reason of gross misconduct
reference no. nis
relevant evidence
service of the appellant
specific performance of the service agreement
stipulation of section
transfer of the appointment of the plaintiff
vires of the respondent
whole case

C. A. OPUTA, JSC (Delivering the Leading Judgment): In the Court of first instance - the Ibadan Judicial Division of the Oyo State High Court - the Plaintiff claimed two Declarations, an Order for specific performance and an injunction as follows:-

"1. Declaration that the letter of the 31st March, 1978 reference No. NIS/SS/Conf.397 written by the Defendants to the Plaintiff indicating that the defendants are unable to regard the Plaintiffs services with the Old Institute as having been transferred to the New Institute is ultra vires the Nigerian Institute of Social and Economic Research Decree No. 70 of 1977, is illegal, null and void

OR In the alternative

2. Declaration that in as much as the Plaintiff's appointment was not transferred from the Old Institute to the New Institute the defendant has no power to determine the plaintiffs appointment.

Declaration that the Plaintiff holds a permanent appointment until he is 60 years of age and cannot be removed by the defendant or any Coun…

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