PROVISIONAL COUNCIL, O.S.U.
V.
MAKINDE

(1990) JELR 72475 (CA)

Court of Appeal 17 Dec 1990 Nigeria
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Judges:IBRAHIM KOLAPO SULU-GAMBARI, J.C. A. (Presided and Read the Leading Judgment), EMANUEL OBIOMA OGWUEGBU, J.C. A., IDOWU OLAYIMIKA AGORO, J.C.A.
Counsel:Nmseh Eno, Esq. (with him, Derek Akpabio) - for the Appellant Femi Falana, Esq. - for the Respondent.
Other Citations:(1991) 2 NWLR (Pt. 175) 613

SULU-GAMBARI, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendants/appellants against the decision of Hon. Justice E.O. Ade Adenubi of the Ijebu Igbo Division of the Ogun State High Court striking out the appellants' application praying for the dismissal of the suit for reason of non-compliance by the respondent with sub-sections 4 and 5 of Section 45 of Ogun State University Edict, 1987 (which provided three pi months' notice to be given to the University before a suit is commenced against the Institution) and setting aside the order of interlocutory injunction made on the 18th day of November, 1988.

The action before the lower court was taken by the respondent on the 11th of November, 1988 when she issued a writ against the appellants claiming as follows:-


"1. A DECLARATION that the 2nd defendant's letter Ref. No.OSU/NAS/P. 126/168 of August 26, 1988 and addressed to the Plaintiff is ultra vires the defendants, illegal, null and void as it contravenes the prov…

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