ENGR. G.F.C. EZEANI V. NIGERIAN RAILWAY CORPORATION

RITA NOSAKHARE PEMU, J.C.A. (Delivering The Leading Judgment): This is an interlocutory appeal against the decision of the Federal High Court Lagos Division Coram Justice P. I. Ajoku, delivered on the 13th day of April 2011. In it, he upheld the preliminary objection of the Respondent and dismissed the Appellant's claims in its entirety as being statute barred.

SYNOPSIS OF FACTS

The action, the subject matter of this appeal was dated 2nd of June 2010.

At the lower Court, the Appellant (as Plaintiff) sued the Respondent (as Defendant) at the Federal High Court claiming the following:

(a) A declaration that the purported retirement of the Plaintiff from the employment of the Defendant on grounds of public interest was premature, unlawful and unconstitutional and locked due process.

(b) A declaration that the Plaintiff has at all material times been and continues to be in the employment of the Defendant.

(c) An injunction restraining the Defendant from evicting the Plaintiff from his o…