Legalpedia Citation: (2013-05) Legalpedia (SC) 71131
In the Supreme Court of Nigeria
Fri May 24, 2013
Suit Number: SC. 85/2003
CORAM
FATAYI WILLIAMS, JUSTICE, SUPREME COURT
FATAYI WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
PROFESSOR E.A. ABE APPELLANTS
UNIVERSITY OF ILORIN & ANOTHER
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was a senior staff of the Respondent University whose employment was terminated through a letter written by the vice chancellor of the respondent university. He challenged the termination of his employment in the Federal High Court and the court found in his favour. The respondent appeal against the decision of the trial court and the court of appeal overrule the decision of the trial court. Hence this appeal to the supreme court. The respondent launched a preliminary objection which was overrule by the supreme court.
HELD
Appeal dismissed.
ISSUES
“1. Whether the court of appeal was not right to have come to the conclusion that the trial court granted to the appellant reliefs which he did not claim at the trial?
2. Whether considering the totality of oral and documentary evidence before the trial court the court of appeal was not right to have held there was no infraction of the provisions of section 15 of the University of Ilorin Act by the 1st respondent in retiring the appellant as it did?
3. Whether the court of Appeal was not correct in holding that the allegations against the Appellant were not of commission of crime? 4. Whether the court of Appeal was not right in law not to have ordered a refund of the sum of #100,550.00 to the Appellant?
RATIONES DECIDENDI
THE RULE OF COURT- NATURE AND PURPOSE OF
The rules, therefore, are primarily designed to ensure fairness to both sides in the appeal and never meant to facilitate reliance on them by the court to shut out an intending appellant. PER MUSA DATTIJO MUHAMMAD. JSC
GROUND OF APPEAL-FORMULATION OF
“Once, therefore, a ground of appeal contains the reasons on the basis of which the appellant wants the appellate court to decide that the judgment appealed against is wrong, the ground cannot be discountenanced”. PER MUSA DATTIJO MUHAMMAD JSC
GROUND OF APPEAL- DEFECTIVE PARTICULARS-EFFECT OF
“Lack of or defective particulars in a ground of appeal would not necessarily render the ground itself incompetent”. PER MUSA DATTIJO MUHAMMAD JSC
CASES CITED
(Dr) B.A. Onafowokan & 2 others v. Wema Bank Pic & 2 others NSCQLR volume 46 (2011) 181 SC Best (Nigeria) Ltd v. Black Wood Hodge (Nigeria) Ltd & 2 others NSCQLR volume 45 (2011) Aderonmu v. Olowu (2000) 4 NWLR (part 652) 253 and Haube v. Ibueze (2001) 4 NWLR (part 703) 372
STATUTES REFERRED TO
NONE