Dornier Aviation Nig Aiep Ltd. V. Captain Tunde Oluwadare (2006)

LawGlobal-Hub Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.

The respondent in this appeal as plaintiff, instituted an action against the appellant, as defendant, at the Kaduna State High court for the following reliefs as contained in his further and better amended statement of claim dated 17th April 2000:

1. “A declaration that the order from the Defendant to the Plaintiff to go through a complete type-rating Training Course on the DO 228, the suspension, demotion and dismissal of the Plaintiff by the Defendant under its employment is wrongful, unmerited, unwarranted and a breach of the Conditions of Service of the Plaintiff with the Defendant.
2. A declaration that the suspension, demotion, order to go through a complete Type-rating Training Course on the DO 228 and dismissal of the Plaintiff by the Defendant under its employment is wrongful and against the Principle of Natural Justice.
3. An order of this Honourable Court compelling and/or commanding the Defendant to pay unto the Plaintiff as Special Damages:

(a) the sum of N4, 397, 483.45 as special damages suffered by the Plaintiff as a result of the suspension, demotion which metamorphosed into dismissal.

(b) The Defendant (sic) contractual benefit i.e. Pension, National Provident Fund, Housing Scheme, worked out in accordance with the Rules and Regulations set out in the Defendant’s conditions of service and/or Rules and Regulations set out by the Federal Government of Nigeria.

4. An order of this Honourable Court compelling and/or commanding Defendant to pay unto the Plaintiff the sum of N53, 750.00 as GENERAL DAMAGES.
5. An order of this Honourable Court compelling and/or commanding the Defendant to pay unto the plaintiff the sum of N7, 000, 000.00 as NOMINAL DAMAGES.
6. An order of this Honourable Court compelling and/or commanding the Defendant to pay unto the Plaintiff

(a) Interest at the rate of 16% per annum of the total sum of special damages and general damages, items (3) (a), (b) and 4 above, from 30/08/98 till date of judgment.

(b) Interest at the rate of 16% per annum on the total sum of special damages and Nominal damages under items 3 (a), (b), (4) and (5) above from the date of judgment until payment of the judgment debt

7. Any other relief or order, which the Court may deem fit to grant or make in the circumstances.”

The facts that gave rise to this appeal, as can be gleaned from the printed record and the briefs of argument of the parties are as follows. The respondent was a senior captain in the employment of the appellant. On 1/2/98 he and a co-pilot were scheduled to fly a DO 228 aircraft when an incident occurred. After starting one of the engines the aircraft suddenly began to roll forward and all efforts to stop it were to no avail. The respondent was eventually able to manoeuvre the aircraft to a stop thereby avoiding colliding with another aircraft, which was parked directly ahead of it. In the process however the right wing tip of the aircraft hit a flag pole resulting in some damage to the wing tip bulb.

On 18/2/98 the management of the appellant set up an investigating panel to ascertain the cause of the incident. The investigating panel submitted its reports (majority and minority) to the Managing Director of the appellant. The investigating panel found that the improper use of the procedures laid down in the Pilot Operating Handbook led to the incident. As a result of the reports, by a letter dated 20/4/98, the respondent was suspended from duty for three months, demoted to the rank of Senior First Officer and ordered to go for a complete Type-rating training course on the DO 228. The respondent served the suspension. However he was eventually dismissed by the appellant vide a letter dated 30/7/98.

Following his dismissal the respondent instituted this action before the Kaduna State High Court. The parties exchanged pleadings and joined issues thereon. At the trial the respondent testified and called five other witnesses, while the appellant called one witness. Twenty-one exhibits were tendered. At the conclusion of the trial the learned trial judge entered judgment in favour of the respondent for most of his claims. The judgment is at pages 267- 294 of the record. At page 294 the learned trial judge held as follows:

“Accordingly I do enter judgment for the plaintiff against the defendant in the following terms:

1. “That the order from the defendant to the plaintiff to go through a complete Type-rating training course on DO 228, the suspension, demotion and dismissal of the plaintiff by the defendant are wrongful, unwarranted and a breach of the defendant’s condition of service.
2. That as a result of the wrongful and unwarranted actions of the defendant, the defendant shall pay to the plaintiff as SPECIAL DAMAGES:

i) N805, 646.45 being total loss of income b/w April and July 1998 as a result of the suspension and demotion of the plaintiff.

ii) N2, 091, 837.00 being gratuity payable to the plaintiff for the 8 years service with the defendant.

iii) N500, 000.00 being a reasonable amount for the legal service employed by the plaintiff.

3. That the defendant shall pay to the plaintiff the sum of N53, 750.00 being general damages.
4. That the defendant shall pay to the plaintiff an interest at 10% p.a. on the total judgment sum with effect from the date of this judgment until the judgment sum is fully paid.

No costs awarded.”