Federal Housing Authority V. F. Bolaji Abosede (1998)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

Following the institution by the respondent of an action in the High Court of Lagos State claiming against the appellant:

“(a) A declaration that the plaintiff is still the Assistant Chief Town Planning Officer of the defendant Authority.

(b) A declaration that the purported termination of the appointment of the plaintiff as Assistant Chief Town Planning Officer of the Respondent Authority by letter Ref. FHA/2343K dated 5/12/88 is null and void and of no effect whatsoever on the ground that it is contrary to the terms of conditions of service of the plaintiffs employment.

(c) An order directing the defendant to reinstate the plaintiff in his post as Assistant Chief Town Planning Officer of the Defendant Authority.

(d) An order directing the defendant to pay the plaintiff all his salaries, allowances and other entitlements from tile date of the plaintiffs suspension from work till the day of judgment.”

he brought an application before the trial court for an order of interlocutory injunction restraining the appellant from ejecting him from the quarters occupied by him pending the determination of the action. The application was granted by the trial High Court on 6/3/89. The appellant was dissatisfied with the order of the trial High Court but as it failed to appeal to the Court of Appeal within the time prescribed by law, an application dated 10th April 1989 was brought before the Court of Appeal praying for the following orders:

“(1) An order for extension of time to appeal against the ruling of the High Court delivered by Honourable Justice C.O. Segun sitting at Lagos and dated the 6th day of March 1989 attached herewith as exhibit MB5.

2) An order for extension of time within which to apply for leave to appeal.

3) An order granting leave to the applicant herein to appeal against the said Ruling of C.O. Segun J. dated 6/3/89.

4) An order to deem the Notice of Appeal attached herewith as Exhibit MB4 as properly filed subject to payment of filing fees.

5) An order for stay of proceedings in the Lower Court in this cause pending the hearing and determination of the grounds of appeal in this matter by this court.

6) Such further or other orders as this Honourable Court may deem fit to make in the circumstances.

The application was supported by an affidavit the penultimate paragraphs of which read: