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NIGERIAN TELECOMMUNICATION LTD. v. SIMON UGBE

(2001) JELR 44243 (CA)

Court of Appeal  •  CA/A/49/99  •  12 Nov 2001  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The plaintiff before instituting an action was an assistant chief commercial superintendent in the services of Nigerian Telecommunications Plc. Later he received a letter dated 27/2/97 dismissing him from his post. The dismissal letter stated, among others, that "in the public interest, your services with Nitel Ltd. are no longer required. You are therefore dismissed with effect from 26th February, 1997, under the provisions of Decree No. 17 of 1984. The plaintiff hereinafter referred to as the respondent approached the Federal High Court Abuja by way of filing an originating summons challenging his dismissal. In effect, the summons sought to nullify the letter of dismissal dated 27/2/97 served on him by the appellant herein. Before the commencement of the hearing before that court, Nigerian Telecommunications Ltd, now appellant, filed a preliminary objection dated 20/5/97 challenging the commencement of the suit by originat…

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