The respondent, an employee of the 1st appellant had risen to the position of 'Director of Lands' as at 28th June, 1996 when he was served with a letter of dismissal from service - Exhibit 4. The dismissal was authorized by the Military Administrator of the State vide a letter personally signed by him as extant in Exhibit 20.

The appellants, at the trial court, objected to the court's jurisdiction by virtue of the provisions of the Act. It appears that they were not happy with the manner in which the respondent processed an application of Kwara Animal Feeds Ltd, to Panat Company Ltd. for Deed of Assignment and alleged misconduct under the Civil Service Rules. There was also the issue relating to improper authentication of Certificate of Occupancy No.4357 by the respondent.

The learned trial judge was properly addressed by learned counsel to the parties on the point relating to the ouster of jurisdiction of the court. The issue was carefully considered and Adebara, J. concluded as follows:-

I therefore have no hesitation in holding that the provision of section 3 (3) of the Act properly and effectively ousts the jurisdiction of this court to entertain this suit and I so hold."

The learned trial judge struck out the respondent's claim and thereafter determined the merit of same. The respondent's dismissal was found to be wrongful, illegal, null and void and of no effect whatsoever.

The respondent was not satisfied with the portion of the learned trial judge's decision declining jurisdiction and striking out the case. He appealed to the court below on same

Thereat, it was found that the dismissal of the respondent was not done under the provisions of the Act. The decision of the trial judge declining jurisdiction was set aside. The court below further found that since there was no appeal against the judgment on the merit as given by the trial court, the same stands.

The appellants were not happy with the stance posed by the court below and have appealed to this court