YARE
V.
N.S.W.I.C.

(2013) JELR 57768 (SC)    

Supreme Court  ·  SC. 254/2005 ·  10 May 2013 ·  Nigeria
CORAM
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC (Presided) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC SULEIMAN GALADIMA JSC (Read the Lead Judgment) CLARA BATA OGUNBIYI JSC STANLEY SHENKO ALAGOA JSC
Core Terms Beta
judgment of the court of appeal
cause of action
favour of the respondent
said trial federal high court
compulsory retirement of the plaintiff
statement of claim
background facts
lead judgment
letter of retirement
date of the purported retirementtill date
action
federal high courtabuja
attorney-general of oyo state
order setting aside retirement of the plaintiff
receipt of exhibit
trial court
months period
appellant
senior management committee
judgment of the learned trial judge
galadima jsc
appellant’s brief
above mentioned reliefs of the plaintiff
public officers
following declaration
halsbury’s laws
order of court
wages commission
entire paragraphs of the statement of claim
stroud’s judicial dictionary
lower court
full trial
appeal
particular act of the defendant
single issue
judicial authorities
close study of paragraph
determination of time
exhibit
public officers protection act
court
mr. c. i. yare
law
cause of action of complaint
such facts
plaintiff
government property
draft of the lead judgment

GALADIMA JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division (hereinafter referred to as the “court below”) delivered on 19 May 2005 in favour of the respondent. The appellant was not satisfied with the decision, hence, he appealed further to this court.

The background facts leading to this appeal are summarized herein. The appellant as plaintiff at the Federal High CourtAbuja took out a writ of summons against the respondent, as defendant, claiming for the following declaration and orders by the said trial Federal High Court in his amended statement of claim. “1. A declaration that the compulsory retirement of the plaintiff was unlawful as it did not meet the requirements of the Civil

Service Rules.

An order setting aside retirement of the plaintiff on the grounds that the antecedents leading to the retirement were unauthorized and unofficial thus, cannot result in an official sanction. An order of court reinstating the pla…

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