CaseLaw
Osakwe V. FCE (2010) CLR 3(s) (SC)
Judgement delivered on March 19th 2010
Brief
Facts
This is an appeal against the judgment of the Court of Appeal, Benin Division (hereinafter called "the Court below") delivered on 18th February, 2002, allowing the appeal of the Appellant and holding that the decision to terminate his appointment, ought to or would have been made by the Minister of Education in the absence of the Governing Council of the 1st Respondent having regard to the enabling Act under which the Appellant was employed - i.e. Decree No.4 of 1986.
After taking a hard look at the Decree and the letter of appointment" of the Appellant as a Senior Lecturer on Grade Level 13 Step 1 and that the Appellant on the termination of his said appointment, was granted or "awarded" only one month's salary in lieu of notice. It then proceeded to award to the Appellant, six (6) months salary in lieu of notice having regard to his grade of employment as the reasonable amount that he would have been paid relying on two decided authorities.
It concluded that,
The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to:
Issues
Which Court has jurisdiction (Delta State High Court or Federal High Court) having...