CORAM
OBASEKI , JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
OPUTA, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
KAWU, JUSTICE, SUPREME COURT
PARTIES
TELIAT A. O. SULE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was a servant of the Nigerian Cotton Board and was lawfully transferred from Lagos to the headquarters of the Board at Funtua. He obeyed the order of transfer and resumed work at the Head Office in Funtua. But he refused to give up possession of the Board’s house which he occupied prior to the transfer at 13A Dakar Road, Apapa, Lagos, and in which he settled his wife and children, making it impossible for an officer of the Board who, himself, had simultaneously been transferred from Funtua to Lagos to occupy the said premises.
HELD
APPEAL DISMISSED
ISSUES
(1) Whether the retirement of the plaintiff was unlawful and wrongful (2) Whether the plaintiff established that the terms and conditions of his service with the Board are governed by the Civil Service Rules (3) Whether the High Court has jurisdiction to entertain the defendants counter-claim for possession and mesne profits
RATIONES DECIDENDI
POWER OF THE SUPERIOR COURT TO ENTERTAIN A COUNTER CLAIM
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CASES CITED
STATUTES REFERRED TO