The Rector, Kwara State Polytechnic & Ors. V. Mr. Ola Adefila & Ors. (2006)
LawGlobal-Hub Lead Judgment Report
AGUBE, J.C.A.
This is an appeal against part of the judgment of the High Court of Kwara State sitting at the Ilorin judicial division in suit No. KWS/53/2004, per Gbadeyan J. which judgment was delivered on the 30th day of November 2004.
The 1st to 3rd respondents had by way of originating summons sought for some declaratory and injunctive reliefs and for purposes of this appeal the relevant reliefs are hereunder reproduced as follows:
“2. A Declaration that the defendants whether acting jointly or independently cannot reduce the retirement age of Academic Staff of Kwara State Polytechnic from 65 years to 60 years or at all.
- An Order of perpetual injunction restraining the defendants both jointly and/or severally from:
(a) Reducing the retirement age of Academic Staff of Kwara State Polytechnic from 65 years to 60 years except as may otherwise be directed by the National Board for Technical Education.”
Pleadings were exchanged in the lower court and based on the affidavits and counter-affidavits of the parties together with the bundle of documentary exhibits annexed thereto, the learned Judge heard the respective counsel for the parties.
In a well considered ruling, his Lordship as per the reliefs above reproduced held inter-alia:
“… and declare 65 years as retirement age for academic staff of Kwara State Polytechnic and cannot be reduced by the defendants.
“I hereby grant perpetual injunction restraining the defendants both jointly and/or severally from reducing the retirement age of academic staff of Kwara State Polytechnic from 65 years to 60 years except as may be otherwise directed by the National Board for Technical Education.”
Aggrieved by the above decision the defendants filed a joint notice and five (5) grounds of appeal.
For purposes of clarity I am minded to reproduce or set down the grounds stripped of their particulars thus:
“GROUND 1: The learned trial Judge erred in law and misdirected himself and came to a wrong conclusion when he declared 65 years as the retirement age for the academic staff of Kwara State Polytechnic and that it cannot be reduced by defendants.
GROUND 2: The learned trial Judge erred in law and misdirected himself when he said as follows:
“I hereby grant perpetual injunction restraining the defendants both jointly and/or severally from reducing the retirement age of academic staff of Kwara State Polytechnic from 65 years to 60 years except as may be otherwise directed by the National Board for Technical Education.”
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