BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Fayemi vs. L.G.S.C., Oyo State
  • 254
  • 2005-04-11
  • ₦ 200
  • Buy Now

Fayemi vs. L.G.S.C., Oyo State

OLAYIOYE FAYEMI

V

LOCAL GOVERNMENT SERVICE COMMISSION, OYO STATE

LAGELU LOCAL GOVERNMENT

COURT OF APPEAL

( IBADAN DIVISION )

SAKA A. IBIYEYE JCA (Presided and Read the Lead Judgment)

VICTOR AIMEPOMO OYELEYE OMAGE JCA

OLUFUNLOLA OYELOLA ADEKEYE JCA

CA/I/54/2002

TUESDAY 13TH JULY, 2004

ACTION - Pre-action notice - Where a party fails to serve - Effect of on jurisdiction of court

ACTION - Pre-action notice and limitation of action - Issues of Consideration of by court suo motu - Propriety of

ACTION - Statute barred action - Filing of - Effect of on the jurisdiction of court

APPEAL - Grounds of appeal - Need for issues for determination to relate to

APPEAL - Issues for determination - Proliferation of - Impropriety of

COURT - Pre-action notice and limitation of action - Issues of Consideration of by court suo motu - Propriety of

COURT - Jurisdiction - Lack of - Effect on court

JUDGMENT AND ORDERS - Judgment delivered without jurisdiction -  Effect of


JURISDICTION - Importance of - When issue of can be raised

JURISDICTION - Judgment delivered without - Effect of

JURISDICTION - Lack of - Effect of on court

JURISDICTION - Pre-action notice - Where a party fails to serve Effect of on jurisdiction of court

JURISDICTION - Statute barred action - Filing of - Effect on the jurisdiction of court

PRACTICE AND PROCEDURE - Issue of law - Objection to - Where opposing counsel fails to raise - Duty on court

Issue:

Whether the trial court was not in error in raising suo motu the defences of Statute of Limitation and competence of action on behalf of the defendants suo motu and acted on same when it did not give the parties an opportunity of being heard on same and when none of the parties urged same on the court.

Facts:

This is an appeal against the judgment of the Oyo State High Court of Justice, Ibadan, delivered on the 12th day of July, 1991. The plaintiff/ appellant was employed as a staff of Ibadan East District Council (now Lagelu Local Government) in 1965. He was alleged to have embezzled the sum of N1,031.75 (one thousand and thirty-one naira, seventy-five kobo), to which he pleaded guilty before a disciplinary committee set up to investigate his involvement. He was consequently dismissed. After series of appeals, he was reinstated to his post and even enjoyed a number of promotions. He was again summarily dismissed on the 4th of December, 1984  which culminated into the action instituted by him at the trial court. The action was dismissed on the ground of failure of the plaintiff to serve the 2nd defendant a pre-action notice and also that the action was statute-barred because the cause of action arose on the 4th of December, 1984 when the letter of dismissal was written and served on the plaintiff and the action was instituted on the 23rd February, 1990, which far exceeded the six months specified by law to institute action against any Local Government in Oyo State.

Dissatisfied, the appellant appealed to the Court of Appeal, contending

inter alia that the trial court erred in raising the issue of the action being statute barred and the non-issuance of pre-action notice suo motu without giving the parties an opportunity to address it on the issue.