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OSITA C. NWOSU v. IMO STATE ENVIRONMENTAL SANITATION AUTHORITY & ORS

(1990) JELR 42033 (SC)

Supreme Court  •  SC.207/1988  •  27 Apr 1990  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; PHILLIP NNAEMEKA-AGU JSC; ABUBAKAR BASHIR WALI JSC;

Judgement

NNAEMEKA-AGU JSC (DELIVERING THE LEADING JUDGMENT):- This is a further appeal to this court against the judgment of the Court of Appeal, Enugu Division, Coram: Olatawura, Onu, and Omosun, JJ.C.A. That court had dismissed the appeal of the plaintiff, Osita C. Nwosu, against the ruling of an Owerri High Court, per Chianakwalam, J., that his jurisdiction to entertain the plaintiff's suit had been ousted by Decree No. 17 of 1984.

Plaintiff's claim before the High Court was finally amended by his amended statement of claim dated the 22nd day of May, 1986. For purposes of this judgment, I shall rely on the amended statement of claim set out at pages 131 to 136 of the record. The salient points in the statement of claim could be summarized. The plaintiff averred that he was a civil servant and chief executive of the 1st defendant. He was appointed a civil servant in May, 1965, became secretary of the 1st defendant on 12/9/80, and its general manager/chief executive from 2/2/82.

On 12/2/82 the …

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