Lovleen Toys Industries Limited Vs Femi Adewale Komolafe (2012)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C. 

The

appeal before us is against the refusal of the Court of Appeal Ibadan Division herein after referred to as ‘the court below,’ to grant extension of time within which to file Notice of Appeal on the decision of the Federal High Court, Abeokuta, Ogun State which is hereafter referred to as ‘the trial court.’

Briefly, the rundown facts of this case are that the Respondent who was an employee of the appellant had caused the action to be filed at the trial court in August, 2003 wherein he claimed various compensations ranging from injuries sustained while working in the appellants factory at Ota, Ogun State, some alleged debts arrears of salary and damages for negligence. The fourfold reliefs sought by the Respondent at the trial court which are spelt out at page 9 of the record of appeal per the particulars of claim are as follows:

i. The sum of N195,403.75 being outstanding balance due from the defendant (now appellant) to the Plaintiff (now Respondent) plus interest on the said sum at the rate of 45% per annum from 1/6/2001 to date of judgment and final liquidation.

ii. The sum of N151, 844.00 being arrears of salary from August 2001 to August 2003, and a further sum of N3,988.00 per month until judgment and full liquidation being the arrears of salary due to plaintiff from the defendant plus interest on the said sum at the rate of 45% per annum from August 2002 till date of judgment and final liquidation thereof.

iii. The sum of N500,000.00 being the total cost payable by the defendant for the two (2) Endoskeletal Right W.D. Prosthesis recommended for the management of the plaintiffs condition by the Defendants appointed medical centre which the Defendant had neglected and/or defaulted to pay.

The sum of N10,000.00 (Ten thousand naira) as special and/or general damages and/or compensation for the Defendants negligence.

Cost of the action.

Upon service of the originating process on the Defendant (now appellant) it raised an objection against the suit by challenging the competence of the trial court to determine same. The plaintiff (now Respondent before us) also filed a notice of preliminary objection against the hearing of the said defendants objection and also filed a motion praying the trial court for a transfer of the suit before an appropriate Division of the High Court of Ogun State.

When the matter came up before the trial court on the 23rd January, 2003 for hearing of all pending applications, the said court, without hearing arguments on the plaintiff’s application for transfer, struck out the suit and directed that the plaintiff go to the appropriate court. The said proceedings are all evidenced at page 23 of the record of appeal.

Sequel to the trial courts ruling aforesaid, the Respondent now before us filed a motion on notice before the trial court and prayed for an order setting aside the ruling striking out the suit and for a further order relisting the suit and all pending applications.

The prayers were on the 23rd March, 2003 granted as evidenced at page 26 of the record of appeal. Being dissatisfied with the decision, the appellant/applicant pursuant to an application before the Court of Appeal Ibadan Division (the lower court) vide a motion on notice dated the 30th May, 2003 and filed on the 24th September, 2003 prayed the court for the following two reliefs:

‘(i) An order enlarging the time within which to file a Notice of Appeal from the decision of the Federal High Court holden at Abeokuta (as per the Ruling of Hon. Justice (mrs.) R.O. Olomojobi) given on the 25th of March, 2003).