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CaseLaw

Jack V. Univ. of Agriculture, Markurdi (2004) CLR 1(k) (SC)

Judgement delivered on January 30th 2004

Brief

  • S.42 1979 Constitution
  • Breach of contract
  • Enforcement of fundamental rights
  • Action wrongly commenced
  • Federal and State High court jurisdiction

Facts

The facts giving rise to this case are largely undisputed. The Appellant was employed by the Respondent on 4 June, 1990 as a Clinic Attendant. On 7 May 1991 she was transferred to the Bursary Department of the University. The Appellant remained in that Department until 23 September 1993 when she was served with a letter of suspension. An internal inquiry was then set up by the Respondent to determine the involvement of the Appellant in some misconduct in relation to the collection and issuance of receipts for fees and other dues from students. The panel of inquiry found the Appellant guilty of misconduct and accordingly dismissed her from service on 17 February, 1994.

The Appellant was aggrieved and consequently by an ex parte application brought under Order 1 rule 2 of the Fundamental Rights (Enforcement Procedure) Rules, 1979 she was granted leave by the High Court of Benue State, holden at Makurdi to file a notice of motion against the Respondent claiming amongst other things an order quashing letters of suspension and dismissal; An order reinstating her appointment with the Respondent; An order that all the benefits accrued and accruing to the Applicant including salary and other allowances of the Applicant be computed and paid to her; An order that the Respondent or any of its agents/servants shall not harass or otherwise render the Applicant incapable of performing her duties and or securing her salary, allowances and benefits accrued and or accruing to her; N50,000.00 General damages for breach of contract of employment. Alternatively, An order that the Applicant be paid N450.359.58k representing what the Applicant could have earned in the next 33 years at N13,647.20 per annum.

At the hearing of the case counsel for the parties addressed the Court. In his judgment, the learned trial Judge (Ogbole J.) granted all the reliefs with the exception of the alternative relief which was abandoned. As I have already indicated, the appeal by the University to the Court of Appeal was allowed and the decision of Ogbole J. was set aside. This appeal is against the decision of the Court of Appeal.

Issues

Whether the trial Court is a High Court in Benue State as envisaged by Section...

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