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College of Medicine of Universitiy of Lagos v. Dr S. A Adegbite

(1973) JELR 42449 (SC)

Supreme Court  •  SC.96/1971  •  10 May 1973  •  Nigeria

Coram
DAN IBEKWE JSC; GEORGE BAPTIST AYODOLA COKER JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading judgment): The appellants, that is to say, the College of Medicine of the University of Lagos are the first defendants to an action instituted in the High Court Lagos (Lagos State) by Dr S. A. Adegbite, as plaintiff (now respondent) for the following claims

"(a) A declaration that the plaintiff's appointment by first defendant as a Junior Research Fellow in the Department of Pathology still subsists, and that the purported variation of the contract and subsequent lock -out of the plaintiff by the first defendant was illegal, void, ultra vires, not made in good faith and therefore constitute a wrongful breach of contract.

(b) 30,000 pounds general and special damages for breach of the plaintiff's contract of appointment with the first defendant dated the 30th June, 1967."

There were originally two defendants to the action, the other defendant being a Professor Thomas of the same University. As against him, the learned trial judge found tha…

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