FEDERALUNIVERSITY OF TECHNOLOGY, YOLA (FUTY) GOVERNING COUNCIL, FUTY V. ACADEMIC STAFF UNION OF UNIVERSITIES DR. M. A. HASSANINI DR. M. KYAR
(2011) JELR 51340 (CA)
Court of Appeal
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CA/J/209/2005
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13 Jul 2011
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Nigeria
Coram
ZAINAB A. BULKACHUWA JCA (Presided) TOM SHAIBU YAKUBU JCA (Read the Lead Judgment) ITA GEORGE MBABA JCA
Appearances
E. O. Odo Esq. (with him, Mahmud Ahmed, Esq.,) - for Appellants.
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O. O. Jolaawo Esq. (with him, Elihu Elijah, Esq, E. Melokun, Esq., and S. Balogun, Esq.) - for Respondents.
Judgement
<p><strong> YAKUBU JCA (Delivering the Lead Judgment): </strong> The respondents herein, by way of an originating summons, sought some declarative and injunctive reliefs against the appellants, at the Federal High Court, Yola, in suit No. FHC/YL/CP/4/2004. The claim had to do with the question of whether or not the 2nd appellant had the power to fix a remuneration package, salaries and allowances for herself or any other member of staff of the 1st appellant. The appellants, then defendants, raised a preliminary objection against the claim, among other grounds, that the plaintiffs/respondents had no <em> locus standi </em> to maintain the action. The said objection was argued by counsel for the parties. In his ruling on it, the learned trial judge, M. G. Umar, J., on 31 May 2004, dismissed the preliminary objection. The defendants filed an interlocutory appeal against the said ruling, to this court. The suit nonetheless proceeded to hearing. And learned counsel to the parties addressed the court on the originating…</p>