FEDERAL UNIVERSITY OF TECHNOLOGY AKURE V. DR R.A. OSEMENAM

HON. JUSTICE MOORE A.A. ADUMEIN, J.C.A. (Delivering the Leading Judgment): The facts of this case are simple. The respondent - Dr. R.A. Osemenam was employed by the appellant - Federal University of Technology, Akure, as a lecturer in October, 1988. The respondent served the appellant and was promoted several times until he became the Acting Head of Department of Mining Engineering of the appellant University between 2000 and 2002. However, by a letter admitted by the lower court as exhibit P16, the respondent was dismissed on the 27th day of November, 2003.

The respondent, naturally, was not happy with his dismissal by the appellant and he filed a suit challenging the action of the appellant. The respondent filed a writ of summons together with a statement of claim in the Akure Division of the Federal High Court on the 3rd day of December, 2003. In paragraph 40 of his statement of claim, the respondent sought the following prayers, namely:

a. DECLARATION that the Plaintiff's purporte…