U.T.C. Nigeria Ltd. V. Samuel Peters (2009)

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

By his amended statement of claim dated 28th November 2000 filed at the High court of Rivers state, holden at Port Harcourt the respondent herein, as plaintiff, sought the following reliefs against the appellant as defendant:

a. A declaration that the purported summary dismissal of the Plaintiff by letter dated 30th April, 1984 is wrongful and unlawful and against the laid down conditions of service and practice of the Defendant’s company.

b. That the plaintiff is therefore entitled to full benefits of all his entitlements in the U.T.C. pension fund, the National Provident Fund Contributions.

c. An injunction to restrain the Defendant from tampering with the status quo of the parties vis-a-vis entitlement prior to the date of summary dismissal letter dated 30th April, 1984.

AND OR IN THE ALTERNATIVE

d. The plaintiff claims N750, 000.00 as damages for the unlawful and wrongful dismissal of the Plaintiff by letter dated 30th April 1984.

The parties duly exchanged pleadings. In its further amended statement of defence dated 29/11/95 the appellant counter claimed against the respondent thus:

“Whereof the defendant counter claims against the plaintiff in the sum of N1, 641, 087.67 (One Million, Six Hundred and Forty One Thousand, Eighty Seven Naira, Sixty-Seven Kobo) as general damages and special damages for the wrongful actions averred above or in the alternative to 21 (a) above an order for the delivery of the car aforesaid to the defendant by the plaintiff in a perfect mechanical state.”

At the conclusion of the trial the learned trial Judge entered judgment in favour of the respondent and dismissed the appellant’s counter claim in the following-terms: .

“It is my view therefore that no special damages based on Exhibit “L” has been proved against the plaintiff. Defendant has led no evidence let alone credible evidence- He abandoned his claims. The claims for special damages were (sic) abandoned as no evidence was led to prove them. The claim of the defendant therefore fails and is accordingly dismissed.

I am in no doubt therefore that the plaintiff has proved his claims against the defendant and I so hold. The plaintiff is therefore entitled to the following declarations: –

That the purported summary dismissal of the plaintiff by letter dated 30th April 1984 is wrongful and unlawful and against the laid down conditions of service and practice in the defendant’s company.

Having so held, the plaintiff is therefore entitled to the sum of N750, 000.00 as damages Plus N5, 000.00 costs for the plaintiff’s wrongful and unlawful dismissal.”