SUNDAY
V.
CHIEF OF AIR STAFF

(2014) JELR 51212 (CA)    

Court of Appeal  ·  CA/J/121/2009 ·  22 May 2014 ·  Nigeria
 · 
Other Citations
Sunday v. Chief of Air Staff (2016) 1 NWLR (Pt. 1494) 615
CORAM
MOHAMMED A. DANJUMA JCA (Presided) OBANDE F. OGBUINYA JCA ( Read the Lead Judgment) J.O.K. OYEWOLE JCA
Core Terms Beta
appellant
action
contract of employment
lower court
appeal
supreme court
provisions of section
appellant’s action
public officers
trial court
apex court
judicial service commission
laws of the federation of nigeria
appellant’s brief
cause of action
lead judgment
ogbuinya jca
writ of summons
amended notice of appeal
a. o. ogie j.
appeal of appellant
appellant’s claim
applyto breaches of contract
cold record of appeal
determination of his contract of employment
effect of a finding
employ of the second respondent
fasura cagefar spa
infraction of his contract of employment
isno reason
judgment of the lower court
learned trial judge
leave of this court
lone issue
period of limitation
plaintiff’s case
provisions of the public officers protection act
publicofficers protection act
rank of the master warrant officer
respective briefs of argument
respective plaintiff
respondents’ preliminary objection
resume of the factual events of the case
rightness of the decision of the federal high court
second respondent
statement of claim
suit no. fhc
theappellant’s claims
t. t. hyundu
zebra energy ltd

OGBUINYA JCA (Delivering the Lead Judgment): This appeal questions the rightness of the decision of the Federal High Court, the lower court, Makurdi Division, coram, A. O. Ogie J., (as she then was), in suit No. FHC/MKD/CS/30/2004, delivered on 29 October 2008, wherein the respondents’ preliminary objection was sustained. The appellant and the respondents were the respective plaintiff and defendants before the lower court.

A resume of the factual events of the case, which transformed into this appeal is brief. The appellant got enlisted in the employ of the second respondent on 4 January 1966, as an Airman and rose to the rank of the Master Warrant Officer (MWO) before his retirement. After serving in the second respondent for 25 years, the appellant was retired vide a letter dated 24 January 1991, on account of a rationalization exercise therein. The appellant was peeved by the retirement. Consequently, on 16 December 2004, the appellant, via a writ of summons, beseeched the low…

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