Sunday Ainabebholo V. Edo State University Workers Farmers Multi-purpose Co-operative Society & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering The Leading Judgment)

The instant appeal is against the ruling of the Edo State High Court, Benin Judicial Division, delivered on October 29, 2012, in Suit No.HEK/52/2000. By the ruling in question, the Lower Court, coram Efe Ikponmwonba, J; struck out the Appellant’s suit for want of jurisdiction.

BACKGROUND FACTS:

The genesis of the present appeal is traceable to September 8, 2000. That was the day the Appellant filed in the court below a Writ of Summons seeking various declaratory and injunctive reliefs against the Respondents. By the endorsement to the writ of Summons and Statement of Claim thereof, the Appellant specifically sought the following reliefs against the Respondents:

a. An order setting aside the findings of the third Defendant panel.

b. An order invalidating the suspension and indefinite suspension order on the Plaintiff.

c. An order reinstating the Plaintiff to his position as Secretary to the First Defendant.

d. An order for payment of the Plaintiff salary and allowances as well as any incrementals from the date of Plaintiff suspension 14th January, 2000, till date of this Courts judgment.

e. An order that the first Defendant convey the 1999 Annual General Meeting.

f. Damages of N12, 000,000 in favour of the Plaintiff for libel committed by the Defendants against the Plaintiff.

g. An order against the Plaintiff for accounts.

h. An order that the second Defendant advertisement for the post of an accountant is in breach of the first Defendant enabling laws and Bye-laws

i. An order against first and second Defendants for the sum of N3, 000,000 being General damages arising from the illegal suspension order placed on the Plaintiff.

j. An order of interlocutory injunction restraining the first and second Defendants and their agents or privy from operating any of the accounts pending the determination of this matter.