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ENGR. ABRAHAM ADEBISI GBADAMOSI V. NIGERIAN RAILWAY CORPORATION

(2006) JELR 43967 (CA)

Court of Appeal  •  CA/L/520/2004  •  11 Dec 2006  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court silting in Lagos delivered on the 5th of April. 2004. The trial court struck out the suit of the appellant as plaintiff in the lower court on the ground that the pre-action notice served by the appellant on the respondent did not comply with the provisions of section 83(2) of the Nigerian Railway Corporation Act Cap 323 Laws of the Federation 1990.

The brief facts of this case are as follows:- The plaintiff/appellant was an employee of the defendant/respondent, who is a statutory corporation set up by the Nigerian Railway Corporation Act. Cap 323 Laws of the Federation 1990.

By a letter dated 4th January, 2002, the appellant was dismissed from the services of the respondent, his employers. The appellant was aggrieved by the dismissal and through his counsel, messrs O. Adekoya and Co. served on the Managing Director of the respondent a statutory three months Not…

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