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NIGERIAN PORTS PLC V. MR. E. O. OSINUGA

(2000) JELR 52561 (CA)

Court of Appeal  •  CA/L/423/98  •  11 Dec 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA AMIRU SANUSI, JCA

Appearances
Adekunle Omowole, Esq., for the Appellant; Onakoya, Esq., for the Respondent.

Judgement

SANUSI, JCA (Delivering the Lead Judgment): This is an appeal against the interlocutory ruling delivered on 7th July, 1988 by Dan Abutu, J. of Federal High Court, Lagos. The appellant herein was the defendant at the lower court while the respondent was the plaintiff thereat. The respondent in this case was employed by the appellant as Auditor 2 on 27th September 1976. On the 28th of May 1991, his appointment was for some reasons determined. On 17th December 1996, he filed an action for wrongful termination of his employment by the appellant at the Federal High Court. After the respondent filed his statement of claim as plaintiff in the court below, the appellant filed a motion on notice dated 23rd January 1998 in which he prayed for an order of the court below dismissing the action against it on the grounds that:

(1) This action was not commenced against the defendant/applicant within the specified twelve months next after the act, neglect or default complained of in accordance with …

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