Simeon O. Ihezukwu V. University Of Jos & Ors. (1990)

LawGlobal-Hub Lead Judgment Report

WALI, J.S.C. 

On the 29th May, 1990, after hearing learned counsel for the appellant in elaboration of the brief of argument he has already filed, this court decided not to call upon learned counsel for the respondents and summarily dismissed the appeal with N500.00 costs to the respondents, reserving the reasons for doing so to today, the 13th day of July, 1990. I shall now proceed to state the reasons.

By a writ of summons filed in the High Court of Benue State of Nigeria, Makurdi Judicial Division, the appellant/plaintiff claims the following reliefs against the respondents/defendants-

“1. A declaration that the plaintiff is still the higher executive officer (accounts) of the first defendant.

2. Payment to the plaintiff by the defendants the sum of N562.00 (five hundred and sixty-two naira) being the monthly salary of the plaintiff from August, 1982 till this case is determined.
3. Payment by the defendants to the plaintiff the sum of N15,000.00 (fifteen thousand naira) being the values of the plaintiff’s two vehicles which the defendants illegally and wrongfully seized and appropriated for their own use.
4. The sum of N110 (one hundred and ten naira) being the average monthly earnings and/or use of the two vehicles from the 4th of August, 1982 till judgment is given in this case.
5. The sum of N10,000.00 being general damages for wrongful termination of appointment.”

The claims were denied by the respondents. Pleadings were ordered, filed and exchanged and issues joined.

Appellant/plaintiff gave evidence but called no witnesses while the respondents/defendants called three witnesses. Learned counsel for the appellant/plaintiff and respondents/defendants addressed the court. In a considered judgment delivered by the learned trial Judge, Ogebe, J., he made the following findings:-

“Exhibit 1 which is the letter of offer of appointment to the plaintiff requires that if the plaintiff’s appointment was not confirmed at the end of the two years probationary period, he was entitled to three months notice or salary in lieu of notice………

I am, therefore, unable to accept the submission of the learned counsel for the defendants that one month’s salary in lieu of notice given to the plaintiff in Exhibit 3 was reasonable and in accord with the regulations binding the plaintiff’s employment. I hold that in so far as the plaintiff was not given sufficient notice before his appointment was terminated, the termination was not lawful and he is entitled to damages for wrongful termination of appointment.”

“To my mind, the only fault with the defendants was their failure to give the plaintiff three months notice or salary in lieu of notice. In such a situation, the plaintiff is only entitled to what he should have earned during that period and no more.”

“In the result, I award the plaintiff damages of N1,686.00 being three months’ salary in lieu of notice.”

“As for the Datsun mini bus, clause 8(a) of the loan agreement is relevant. … Clause 8(a) gave the defendants the right to terminate the agreement and retake possession of the vehicle and it is therefore my view that in seizing the mini bus, the university was exercising its rights under the agreement between it and the plaintiff and no damage can accrue from that.

The defendants in their defence testified that the volkswagen beetle car was seized because the plaintiff was owing the university some money namely the vehicle loan and the losses incurred by the university for which they held the plaintiff responsible. Mr. Ogbole, the learned counsel for the defendants was unable to show me any lawful authority for the detention of the plaintiffs volkswagen car. The plaintiff bought this vehicle before he joined the university and the defendants have no right whatsoever to seize it from him without lawful authority.”

Having made the findings above, the learned trial Judge concluded-

“It is, therefore, ordered that the defendants shall pay the plaintiff N2,000.00 damages for detinue and shall release the volkswagen beetle car to the plaintiff forthwith. In the result, the plaintiff is awarded total damages of N3,686.00 for wrongful termination of appointment and detinue.”