GANIYU LAWAL MOSOJO V THOMAS ADESOLA OYETAYO & ORS
June 16, 2025THE FEDERAL REPUBLIC OF NIGERIA V LORD CHIEF UDENSI IFEGWU
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 86471
In the Supreme Court of Nigeria
Fri May 23, 2003
Suit Number: SC. 81/1999
CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
CHARLES UDEGBUNAM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was the Plaintiff in this action. It was an action for wrongful termination of his appointment against the Respondents as Defendants.?
HELD
Appeal dismissed?
ISSUES
“1. Whether the court below was right when it held as per Kalgo JCA ‘Therefore it is my view, wrong for the learned trial Judge to dig out the Federal Civil Service Rules from anywhere and start referring to them as he had done in his judgment.’2. Whether the Court of Appeal was right in confirming the decision of the Court of first instance which held that the appellant’s appointment was terminated in compliance with CSR 0417 sub rule (viii).3. Whether it is wrong in law to include claims for salaries, leave allowances, etc. in an action for wrongful dismissal.4. Whether the court below (sic) to refer to in its judgment a document not tendered (sic) court of first instance and rely on same to confirm the judgment.”
RATIONES DECIDENDI
SLIP RULE
The law is however settled that it is not every error, mistake or slip in a judgment that must result in an appeal being allowed. It is only when the error is substantial in that it has occasioned a miscarriage of justice that the appellate court is bound to interfere. Per I.A. Katsina-Alu J.S.C.
CASES CITED
Akpan V. Otong (1996) 10 NWLR (Pt.476) 108.A.G. Oyo State V. Fair Lakes Hotel (1989) 5 NWLR (Pt.121) 255.?
STATUTES REFERRED TO
The 1979 Constitution?
