n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Sule V. Nigerian Cotton Board (1985) CLR 6(I) (SC)

Judgement delivered on June 7th, 1985

Brief

  • Master and servant
  • Wrongful retirement
  • Civil service rules
  • Recovery of premises
  • Appropriate forum
  • Ouster of jurisdiction
  • Counter claim

Facts

Appellant had joined the Nigerian Civil Service in 1944 and worked at the Department of Agriculture. He was transferred to the Department of Mar¬keting and Export in 1949 and again in 1962 to the Nigerian Produce Marketing Company Ltd.

When the creation of the Nigerian Cotton Board - the de¬fendant company - appellant was "deployed thereto and deemed to have been appointed by the defendant Board with effect from 1st day of April, 1977".

He was then retired vide letter No. NCTB/CSTP-387/31 of 11th April, 1979 and was requested him "to vacate the Board's quarters, after a period of one month's grace."

The plaintiff sued the defendant in the High Court which dismissed his claim and upheld the respondent's counter-claim.

Plaintiff appealed to the Court of Ap¬peal which dismissed the appellant's claim for damages but held that the trial judge had no jurisdiction to entertain the counter-claim for possession and mesne profits.

Both parties appealed to the Supreme Court:

Issues

  • 1
    Is willful disobedience of an employers order a ground for dismissal...
Read More