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PROF. B. J. OLUFEAGBA & ORS V. PROF. S.O. ABDUL - RAHEEM & ORS.

(2009) JELR 47195 (SC)

Supreme Court  •  SC.76/2007  •  11 Dec 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; JOHN AFOLABI FABIYI JSC; OLUFUNMILOLA OYELOLA ADEKEYE JSC;

Judgement

J. A. FABIYI, J.S.C (Delivering the Leading Judgment): This is an appeal against the majority judgment of the. Court of Appeal, Ilorin Division handed out on 12th July, 2006 in which it reversed and set aside the judgment of Olayiwola, J. of the Federal High Court, Ilorin delivered on 16th July, 2005.

In paragraph 21 of the statement of claim, the appellants herein, as plaintiffs at the trial court, claimed against the respondents herein as defendants thereat as follows:-

"21. WHEREOF the plaintiffs' claim against the defendants are as follows:-

(a) A declaration that the defendants' letter dated 22nd May, 2001 to the plaintiffs titled 'Cessation of Appointment' purporting to terminate the plaintiffs' appointment with the 3rd defendant is ultra-vires, null and void and of no effect whatsoever.

(b) A declaration that the plaintiffs are still in the service of the 3rd defendant.

(c) A declaration that the defendants are bound to comply with directive of Federal Government of Nigeria to…

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