LANDMARK JUDGEMENT

IN THE SUPREME COURT OF NIGERIA
ON FRIDAY, THE 6TH DAY OF JULY 1990
SC 170/1987
BEFORE THEIR LORDSHIPS
ANDREWS OTUTU OBASEKI …… JUSTICE, SUPREME COURT
MUHAMMADU LAWAL UWAIS …… JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE …… JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE …… JUSTICE, SUPREME COURT
PHILIP NNAEMEKA_AGU …… JUSTICE, SUPREME COURT
BETWEEN:
B.A. MOROHUNFOLA ……. APPLICANT
AND
KWARA STATE COLLEGE OF TECHNOLOGY ……. RESPONDENT
JUDGMENT OF THE COURT
DELIVERED BY
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’s 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
- 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 plaintiffs service with the defendant, which said letter the plaintiff hereby pleads:
- The plaintiff was the defendant’s Deputy Registrar on GL 14.
- The defendant’s Sole Administrator’s appointment had terminated on or before 15/4/80 and His Excellency, Alhaji Adamu Atta, the Governor of Kwara State had not appointment a new Governing Council or 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 Attah 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.
JUDGMENT DELIVERED BY
OBASEKI, J.S.C.
On the 9th day of April 1990, this appeal came up for hearing before this court. After reading the briefs of argument filed by the parties and hearing counsel at the oral hearing, I dismissed the appeal for lack of substance and reserved my reasons for the judgment till today.
However, before now, I had the advantage of reading in advance the draft of the reasons for judgment just delivered by my learned brother, Belgore, J.S.C.
The claim before the High Court of Kwara State filed by the plaintiff/appellant against the defendant/respondent was for
(i) Declaration
(a) That the purported termination of plaintiff’s appointment 6 by a letter from an agent of the defendant is null and void;
(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.
The statement of claim contains 5 paragraphs and the facts pleaded are deficient in that the letter of appointment was not pleaded. Furthermore, the letter of appointment was not referred to or given in evidence by any of plaintiff’s witnesses.
Where a plaintiff in a matter such as this fails to plead and prove the fact of his appointment, he is not entitled to the declaration that his appointment subsists, neither is he entitled to his emoluments until the determination of this suit and thereafter till he is legitimately relieved of his appointment as claimed.
It was for the above reasons and those set out in the Reasons for Judgment just delivered by my learned brother, Belgore, J.S.C., that I dismissed the appeal.