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CaseLaw

P.C. O.S.U. V. Makinde (1991) CLR 4(f) (CA)

Brief

  • Commencement of action
  • Competence of action
  • Procedural irregularity

Facts

This is an appeal by the defendants/appellants against the decision of Hon. Justice E.O. Ade Adenubi of the Ijebu Igbo Division of the Ogun State High Court striking out the appellants’ application praying for the dismissal of the suit for reason of non-compliance by the respondent with sub-sections 4 & 5 of Section 45 of Ogun State University Edict, 1987 (which provided three months’ notice to be given to the University before a suit is commenced against the Institution) and setting aside the order of interlocutory injunction made on the 18th day of November, 1988.

The action before the lower court was taken by the respondent on the 11th of November, 1988 when she issued a writ against the appellants claiming as follows:-

  • 1
    A DECLARATION that the 2nd defendant’s letter Ref. No. OSU/NAS/P.126/168 of August 26, 1988 and addressed to the Plaintiff is ultra vires the defendants, illegal, null and void as it contravenes the provisions of the Ogun State University Provisional Council Edict 1982 as amended as well as the Regulations Governing the conditions of service of Senior Staff of the Ogun State University;
  • 2
    AN INJUNCTION restraining the defendants, their agents, privies and/or servants from implementing or acting on the contents of the 2nd defendant’s letter Ref. No. OSU/NAS/P.126/168 of August 26, 1988 in any manner whatsoever and howsoever.
  • 3
    AN INJUNCTION restraining the defendants whether by their agents, privies and/or servants from preventing the plaintiff from performing her duties and functions as a Staff Nurse/Midwife with the Ogun State University.”

The respondent filed her statement of claim. The appellants also entered appearance immediately but before (and without) filing their statement of defence brought an application in a motion on notice praying the lower court pursuant to Order 24 Rules 2 & 3 of the Ogun State High Court (Civil Procedure) Rules, 1987 to dismiss the respondent’s action for non-compliance with the provisions of Subsections 4 & 5 of Section 45 of the Ogun State University Edict, 1982.

The application also prayed the court to set aside its order of interlocutory injunction made against the plaintiff defendant appellant.

The lower court struck out the application on the ground that it was premature.

Dissatisfied with the ruling of the court, appellant appealed to the Court of Appeal contending that the lower court wrongly struck out the application.

Issues

  • 1
    When can the objection to the non-compliance of the statutory...

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