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Abia State University, Uturu Vs. Otosi (2010) CLR 5(L) (CA)

Judgement delivered on 18th May, 2010

Brief

  • Commencement of action
  • Limitation of action
  • Pre action notice
  • Generalia specialibus non derogate

Facts

This is an appeal against the judgment of Hon. Justice N.C. Otti of the High Court of Abia State. Isukwuanto Division sitting at Aba delivered on I8lh day of May, 2005 wherein judgment was entered for the plaintiff.

Dissatisfied, the appellant filed on appeal in this court. Herein the defendant at the lower court is the appellant and the erstwhile plaintiff the respondent. The facts that led to this appeal are as follows; The respondent was a staff of the appellant. By a letter Ref. No. PD/SS/PF/505 dated 16th December, 1998, the appointment of the respondent with the appellant was terminated. Consequently, the respondent instituted an action at the High Court of Abia State, Isukwuanto Division against the appellant. The respondent's writ of summons was filed at the Registry of the High Court on 26th May, 1999. The respondent claimed against the appellant as follows:

  • i
    A declaration that the termination of the appointment of the plaintiff by the defendant by a letter dated the 16th day of December, 1998 Ref. No. PD/SS/PF/505 headed "Termination of Appointment" was without lawful justification and null and void.
  • ii
    An order setting aside the said letter of termination of the plaintiff with (sic) the defendant.
  • iii
    An order reinstating the plaintiff to his position as a staff of the defendant's institution with effect from 16th December, 1998 and for payment to him of all his salaries and other basic entitlement till date or in the alternative to relief (iii) payment to the plaintiff, the sum of N 1,000,000.00 (One Million Naira) only being special and general damages for unlawful termination of plaintiff's appointment." See pages 5-7 of the records."

Pleadings were exchanged and issues joined. The respondent testified on his own behalf and called a witness. The appellant called one witness. At the end of the trial, the learned trial Judge gave judgment to the respondent in terms of all the heads of claim including reinstatement of the respondent.

Dissatisfied, the appellant filed this appeal.

Issues

Whether the computation of 3 (Three) months under section 36(2) of the...

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