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MUSA HAMMAWA ABBA v. JOINT ADMISSION AND MATRICULATION BOARD & ANOR

(2014) JELR 36244 (CA)

Court of Appeal  •  CA/YL/7/2013  •  4 Dec 2014  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

JUMMAI HANNATU SANKEY,J.C.A.(Delivering the Leading Judgment): This Appeal arose from the Ruling of the National Industrial Court, sitting in Yola delivered, on the 29th October, 2012. The Appellant, as Claimant, had approached the Lower Court via a Writ of summons seeking a declaration that the termination of his appointment by the Defendants, (now Respondents), is a breach of his contract of employment; and also claiming that the said action is null and void and a breach of the Claimant's fundamental right to fair hearing as guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In addition, he sought five (5) other ancillary reliefs. After the Appellant had filed his Complaint before the Lower Court, as well as his Statement of Facts, the Respondents filed a preliminary objection to the hearing of the suit, and shortly thereafter, filed their Statement of Defence. The ground for the objection was that the action was statute-barred by vir…

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