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THE RECTOR, KWARA STATE POLYTECHNIC & ORS. V. MR. OLA ADEFILA & ORS.

(2006) JELR 33336 (CA)

Court of Appeal  •  CA/IL/50/2005  •  7 Dec 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; HELEN MORONKEJI OGUNWUMIJU (Dissenting) JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

AGUBE, JCA (Delivering the Leading Judgment): This is an appeal against part of the judgment of the High Court of Kwara State sitting at the Ilorin judicial division in suit No. KWS/53/2004, per Gbadeyan J. which judgment was delivered on the 30th day of November 2004.

The 1st to 3rd respondents had by way of originating summons sought for some declaratory and injunctive reliefs and for purposes of this appeal the relevant reliefs are hereunder reproduced as follows:

"2. A Declaration that the defendants whether acting jointly or independently cannot reduce the retirement age of Academic Staff of Kwara State Polytechnic from 65 years to 60 years or at all.

8. An Order of perpetual injunction restraining the defendants both jointly and/or severally from:

(a) Reducing the retirement age of Academic Staff of Kwara State Polytechnic from 65 years to 60 years except as may otherwise be directed by the National Board for Technical Education."

Pleadings were exchanged in the lower court and…

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