Disable Preloader

CaseLaw

Isiewore V. NEPA (2002) CLR 7(i) (SC):

Brief

  • Contract of service
  • Specific performance

Facts

The Plaintiff, herein Appellant sued the Defendant, herein Respondent in the Edo State High Court holden at Benin claiming as follows:

  • i.
    A declaration that the Defendant's letter dated 29th July, 1991 purporting to retire the Plaintiff from the Services of the Defendant as Senior Artisan (M/R/T) is null and void and of no legal effect.
  • ii.
    A declaration that the Plaintiff is still in the services of the Defendant and as such he is entitled to his salaries and emoluments and
  • iii.
    An order that Plaintiff be reinstated."

Pleadings were ordered, filled and amended but before the case went to trial, the Appellant, in addition, filed a Reply.

The Trial Court gave judgment to the Plaintiff/Appellant as per his claims. Dissatisfied the Defendant/Respondent appealed to the Court of Appeal which allowed the appeal and set aside the order of re-instatement.

Plaintiff/Appellant appealed to the Supreme Court.

Issues

  • Whether the lower Court was right in dismissing the Appellant's case having...
Read More