B.A. Morohunfola Vs Kwara State College Of Technology (1990)

LawGlobal-Hub Lead Judgment Report

BELGORE, J.S.C. 

I dismissed this appeal on the 9th day of April, 1990 and reserved the reasons for so doing to today. I now give my reasons.

The appellant was the plaintiff at the trial High Court in Ilorin and after he was non-suited there, he appealed to the Court of Appeal, the respondent who was the defendant also cross appealed asking that the correct verdict of the trial court ought to be that of dismissal and not non-suit. The appellant appeal was dismissed and the cross appeal was allowed. The pleadings that one would say joined the issues between the parties are very short. The Statement of Claim reads as follows:

STATEMENT OF CLAIM

1. By a letter from the Principal of the college acting for and on behalf of the defendant a letter dated the 17th April, 1980 was issued to the plaintiff purportedly terminating the plaintiff’s service with the defendant, which said letter the plaintiff hereby pleads:
2. The plaintiff was the defendant’s Deputy Registrar on GL 14.
3. The defendant’s sole administrator’s appointment had terminated on or before 15/4/80 and His Excellency, Alhaji Adamu Alia, the Governor of Kwara State had not appointment a new governing councilor another sole administrator.

Wherefore the plaintiff claims as per his writ of summons, viz

“The plaintiffs claim is for –

(i) a DECLARATION

(a) that the purported termination of the plaintiff’s appointment by a letter from an agent of the defendant dated the 17th April, 1980 to the plaintiff is null and void as the sole administrator’s office had terminated on or before (15/4/80) and a governing council had not been set up by His Excellency the Governor of Kwara State, Alhaji Adamu Atta and

(b) that the plaintiff is entitled to his emolument until the determination of this suit and thereafter until the plaintiff is legitimately relieved of his post and .

(ii) a perpetual injunction restraining the defendant and/or its agents and/or servants from filling the post, which the plaintiff contends is not vacant.”

Dated this 10th day of June, 1982.

(Sgd.)

J.O. Ijaodola

Plaintiff’s Solicitor.