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DR. TUNDE BAMGBOYE V. UNIVERSITY OF ILORIN & ANOR.

(1999) JELR 43631 (SC)

Supreme Court  •  SC.41/1993  •  28 Jun 1999  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Appearances
Titilola Kehinde (Mrs) For Appellant Respondents absent and unrepresented For Respondent

Judgement

S. U. ONU, JSC (Delivering the Leading Judgment): This appeal which emanates from the Court of Appeal, Kaduna Division (Coram: Aikawa, Ogundere and Okunola, JJCA) revolves, in the main, around the interpretation of Section 15 of the University of Ilorin Act, 1979 (now Cap. 455, Laws of the Federation of Nigeria, 1900). The plaintiff, now appellant, who was a Reader in the 1st defendant/respondent's Department of Chemistry, had by a writ of summons on January 27, 1989 commenced an action against both defendants/respondents in the High Court of Kwara State (Coram: Oyeyipo, CJ), challenging the legality and validity of his dismissal from 1st respondent's establishment. The appellant sought in the alternative an order for re-instatement.

Pleadings were ordered, delivered and exchanged and the learned Chief Judge, after considering the evidence and appraising the facts, found for the respondents and dismissed the appellant's case. Being dissatisfied with the said decision the appellant app…

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