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OLALEYE FAJIMOLU V. UNIVERSITY OF ILORIN

(2006) JELR 33335 (CA)

Court of Appeal  •  CA/IL/49/2003  •  13 Jul 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA;

Judgement

OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice P. F. Olayiwola of the Federal High Court Ilorin delivered on 14th March, 2003. The facts that gave rise to this appeal are as follows:-

The appellant was the plaintiff at the lower court and the respondent was the defendant. The appellant was in the employment of the respondent from 1st September, 1976. By a letter dated 7th August, 1995 his appointment was terminated by the respondent. He was the Bursar of the University from about 1989 till the termination of his appointment. The appellant did nothing about his termination of appointment until 3rd August, 2001 when he filed a writ of summons and statement of claim at the Federal High Court challenging the termination. He sought for the following orders in paragraph 34 of the statement of claim.

"WHEREOF the plaintiff claims against the defendant:-

(c) A declaration that the defendant's letter dated 7th August, 1995 terminating…

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