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BOGORO LOCAL GOVERNMENT COUNCIL v. JAMES KYAUTA & ORS

(2017) JELR 37521 (CA)

Court of Appeal  •  CA/J/212M/2016(R)  •  17 Feb 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Delivering the Lead Ruling): The Respondents commenced an action in the National Industrial Court sitting in Jos against the Applicant challenging the termination of their employment and claiming for unpaid salaries and damages for unlawful termination of employment. The National Industrial Court entered judgment in favour of the Respondents on the 13th of July 2016. The Applicant was dissatisfied with the judgment and it approached this Court by an application dated and filed on the 5th of August, 2016 praying for:

i. An order for leave for the Applicant to appeal against the Judgment of the National Industrial Court of Nigeria, Jos in Suit No NICN/JOS/437/2014 between James Kyauta and 204 Ors v. Bogoro Local Government Council (Bauchi State) delivered on the 13th of July, 2016.

ii. An order to raise and argue a fresh jurisdictional issue which was not raised and/or canvassed before the trial Court, to wit: Bauchi State Local. Government Limitation …

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