Abia State University V. Uwadiegwu Otosi (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice N. C. Otti of the High Court of Abia State, Isukwuanto Division sitting at Aba delivered on 18th day of May, 2005 wherein judgment was entered for the Plaintiff.

Dissatisfied, the Appellant filed an appeal in this court. Herein the Respondent at the lower court is the Appellant and the erstwhile Plaintiff the Respondent. The facts that led to this appeal are as follows:

The Respondent was a staff of the Appellant. By a letter Ref. No. PD/SS/PF/505 dated 16th December, 1998, the appointment of the Respondent with the Appellant was terminated. Consequently, the Respondent instituted an action at the High Court of Abia State, Isukwuato Division against the Appellant. The Respondent’s Writ of Summons was filed at the Registry of the High Court on 26th May, 1999. The Respondent claimed against the Appellant as follows:

“i. A declaration that the termination of the appointment of the Plaintiff by the Defendant by a letter dated the 16th day of December, 1998 ref. No.PD/SS/PF/505 headed “TERMINATION OF APPOINTMENT” was without lawful justification and null and void.

ii. An order setting aside the said letter of termination of the Plaintiff with (sic) the Defendant.

iii. An order reinstating the Plaintiff to his position as a staff of the Defendant’s Institution with effect from 16th December, 1998 and for payment to him of all his salaries and other basic entitlement till date OR IN THE ALTERNATIVE TO RELIEF (iii) payment to the Plaintiff, the sum of N=1,000,000.00 (One Million Naira) only being special and general damages for unlawful termination of Plaintiff’s appointment.” See pages 5-7 of the Records.”

Pleadings were exchanged and issues joined. The Respondent testified on his own behalf and called a witness. The Appellant called one witness. At the end of the trial, the learned trial judge gave judgment to the Respondent in terms of all the heads of claim including reinstatement of the Respondent.

Dissatisfied, the Appellant filed this appeal. The Appellant’s brief was dated 29/2/08 and was filed on 3/3/08. The Respondent’s brief was dated 2/10/08 filed on 6/10/08 and deemed filed on 5/3/09.

From the two grounds of appeal, the Appellant identified one sole issue for determination adopted in different words by the Respondent’s counsel which I will also consider to determine this appeal. It is set out below:

“Whether having regard to the provisions of Section 36(1) and (2) of Abia State University Law Cap. 24 Laws of Abia State which is similar to Section 37(2) of Abia State University Law 1995, the instant suit was not filed out of time thus rendering it incompetent, statute barred and not maintainable.”

To put it more lucidly, the issue is whether the computation of 3 (three) months under S.36(2) of the Abia State University Law Cap. 24 Laws of Abia State Vol. I within which a suit should be commenced shall start to run from the date the cause of action arose or from the date the pre-action notice was served.

In the Appellant’s brief of argument, counsel conceded the following facts which are not in dispute:

a) The Respondent’s appointment was terminated by a letter dated 16/12/98 and admitted in Evidence as Exhibit C.