B. A. MOROHUNFOLA V. KWARA STATE COLLEGE OF TECHNOLOGY

BELGORE, J.S.C. (Delivering the Leading Judgment): I dismissed this appeal on the 9th day of April, 1990 and reserved the reasons for so doing to today. I now give my reasons.

The appellant was the plaintiff at the trial High Court in Ilorin and after he was non-suited there, he appealed to the Court of Appeal, the respondent who was the defendant also cross appealed asking that the correct verdict of the trial court ought to be that of dismissal and not non-suit. The appellant appeal was dismissed and the cross appeal was allowed. The pleadings that one would say joined the issues between the parties are very short. The Statement of Claim reads as follows:

STATEMENT OF CLAIM

1. By a letter from the Principal of the college acting for and on behalf of the defendant a letter dated the 17th April, 1980 was issued to the plaintiff purportedly terminating the plaintiff's service with the defendant, which said letter the plaintiff hereby pleads:

2. The plaintiff was the defendant's Deputy …