(1997) JELR 45439 (CA)    

Court of Appeal  ·  CA/K/283/93 ·  23 Jan 1997 ·  Nigeria
Other Citations
Owena Bank (Nig.) Plc. v. Muhammed (1998) 1 NWLR (Pt. 533)
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
trial judge
grounds of appeal
learned trial judge
absence of the appellant
civil procedure
kano state high court
learned counsel
record of appeal
remaining issues
service of the appellant
26th day of october
appellant of the adjourned date
appellant of the fact
critical issue
date of the orders
delivery of exhibits
exercise of discretion
failure of the appellant
favour of the respondent
formal notification of an adjourned date
given situation
grant of an adjournment
important consideration
kano high court
leading judgment
main claim
merits of the case
normal circumstances
payment of the plaintiff
present situation
principle of law
rules of court
said documents
senior advocate
statement of claim
statement of defence
sufficient evidence
suspension of the plaintiff
various orders
violation of the rules of fair hearing

OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent sued the appellant before the Kano High Court claiming in para. 15 of the statement of claim as follows:-

"i. Declaration that the suspension of the plaintiff's salary and remuneration by the defendant is unreasonable, unwarranted, wrongful, unlawful and cannot be sustained in law.

ii. An order directing payment of the plaintiff's salary and entitlement from the 17th of November 1989 to date.

iii. A declaration that the plaintiff be at liberty to relinquish his appointment with effect from the date of the orders above if granted and to seek employment elsewhere."

The appellant filed a statement of defence denying the claim. The respondent gave evidence on his own behalf and on the 20th of September 1993, the learned counsel for him, Mr. Ojo Williams closed his case and the appellant's counsel before that court, Mr. Abubakar asked for a date to open their defence. The learned trial Judge, Omar J. then adjourned the case to…

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