Sunday Ainabebholo V. Edo State University Workers Farmers Multi-purpose Cooperative Society Limited & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

STANLEY SHENKO ALAGOA, J.C.A.

In the Ekpoma Judicial Division of the High Court of Edo State the appellant as plaintiff on the 8th September 2000 took out a writ of summons against the respondents in Suit No. HEK/52/2000 claiming the following reliefs:-

(a) An order setting aside the findings of the third defendant panel.

(b) An order invalidating the suspension and indefinite suspension order on the plaintiff.

(c) An order reinstating the plaintiff to his position as secretary to the First defendant.

(d) An order for payment of the plaintiff’s salary and allowances as well as any incremental from the date of plaintiff’s suspension 14th January 2000 till date of this court’s judgment.

(e) An order that the first defendant convey the 1999 Annual General meeting.

(d) Damages of N12,000 in favour of the plaintiff for libel committed by the defendants against the plaintiff.

(g) An order against the plaintiff for accounts.

(h) An order that the second defendant’s advertisement for the post of an accountant is in breach of the first defendant’s enabling Laws and Bye- Laws.

(i) An order against the first and second defendants for the sum of N3,000,000 being general damages arising from the illegal suspension order placed on the plaintiff.

(j) An order of interlocutory injunction restraining the first and second defendants and their agents or privy from operating any of the accounts pending the determination of this matter.

Consequent upon the filing of the writ of summons, pleadings were subsequently filed and exchanged by the parties in compliance with order 25 of the High Court (Civil Procedure) Rules 1988 of Bendel State applicable in Edo State. However by a Motion on Notice dated the 5th July 2001 and filed same day and brought under order 24 rule 3 of the said High Court (Civil Procedure) Rules 1988, the 3rd respondent – The Director of Co-operative Society Edo State as applicant, challenged the competence of the appellant’s suit on the ground of non-compliance with a condition precedent to the commencement of the suit as provided for in section 51 of the Co-operative Societies Law, Cap 45 Laws of Bendel State applicable to Edo State and the Nigerian Cooperative Society Decree 1993 and urged the court to dismiss and/or strike out the said suit. Arguments of counsel for the parties were heard on the 18th November 2002 and in its reserved ruling, the High Court on the 3rd March 2003 upheld the objection of the 3rd respondent and struck out the appellant’s claim as being premature.

Dissatisfied with the High Court’s Ruling, the appellant filed a notice of appeal dated 14th March 2003 and filed same day, which is reproduced hereunder from pages 44 and 45 of the Record of Appeal –