Federal Airports Authority Of Nigeria V. Sylvester G. Nwoye (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The Plaintiff/Respondent, had on 6th January, 2005 took out a Writ of Summons at the Federal High Court, Holden at Enugu, in Suit No: FHC/EN/CS/3/2005 against the defendant/appellant, wherein the former claimed and prayed for a declaratory and certain injunctive reliefs in connection with the plaintiff’s employment with the defendant. The plaintiff/respondent’s claim indicate that he had been in the employment of the defendant/appellant since 5th May, 1980 as an Assistant Technical Officer on Grade level 06, His appointment was confirmed by the appellant sometimes in 1982.

He earned some six promotions between 1980 and 1999 in the employment of the appellant, the last being the position of Assistant Chief Electrical Superintendent in 1999, on salary Grade Level 13. He was allocated accommodation in the Staff Quarters of the appellant, where he lived with his family.

However, the relationship between the respondent and the appellant became sour when the latter prevented the plaintiff from performing his duties and began to withhold the salaries, entitlements and emoluments of the plaintiff/respondent. The latter made protests to the appellant in respect of the events in his employment with the appellant, to no avail. The defendant/appellant instead threatened to eject the respondent from the accommodation earlier given to him. The appellant filed an action at the Enugu State High Court, claiming the recovery of possession of the respondent’s quarters/accommodation. The plaintiff/respondent then filed his own action aforementioned, at the Federal High Court, Enugu, against the appellant.

The Defendant/appellant, entered a conditional appearance to the claim and filed a Notice of Preliminary objection against the hearing of the claim, on the grounds that the plaintiff/respondent had been retired from the services of the appellant in 1999 and that the suit is statute-barred the same having been commenced more than twelve months after the retirement of the respondent from the services of the appellant.

The learned trial judge, A. Lewis-Allagoa, J, in his ruling on the appellant’s preliminary objection, dismissed the same on 9th March,2007; on the ground that the action of the respondent being founded on a contract of employment, the limitation period of instituting it by the respondent under section 20 (i) of the Federal Airports Authority of Nigeria, Cap.F.5, Laws of Federation of Nigeria, 2004, was inapplicable to it.

Thereafter, the learned trial judge, on 24th October, 2007 dismissed the defendant/appellant’s application for a stay of proceedings pending the determination of his appeal at the Court of Appeal, in respect of the dismissal of the Preliminary Objection on 9th March, 2007. The trial of the action at the Federal High Court, Enugu ended on 29th February, 2008 with the respondent’s evidence-in-chief, which was adjourned to a further date for continuation. However, in the interval, the learned trial judge was transferred from Enugu to Ado-Ekiti Judicial Division of the Federal High Court and the learned trial judge A. Lewis Allagoo, J, was mandated to continue with the hearing of the suit No.FHC/EN/CS/312005, at the Ado-Ekiti Judicial Division of the Federal High Court, to conclusion.

The defendant/appellant challenged the Assignment Order/Fiat issued by the Chief Judge of the Federal High Court, which mandated A. Lewis Allagoa, J, to try the action in question, to conclusion at the Federal High Court, Ado-Ekiti where he had been transferred to. In his ruling on the defendant’s application, the learned trial judge dismissed the same. This was on 16th July, 2009. Thereafter, the suit continued to hearing of the plaintiff’s evidence, under cross-examination by learned counsel to the defendant. On 23rd September, 2009, the plaintiff called one other witness whilst the defendant called a witness. Some documents were tendered and admitted in evidence at the instance of both parties. Learned counsel to the parties, filed and exchanged their written addresses, as was ordered by the learned trial judge. In his judgment delivered on 14th January, 2010, the court below granted to the plaintiff/respondent some of the reliefs he claimed in the action, whilst two reliefs thereof, were each refused.

This appeal is against the judgment of A. Lewis- Allagoa, J, of 14th January, 2010. The appeal by the defendant was anchored on two grounds of appeal. They each say, to wit:-

”GROUND 1

ERROR OF LAW

The learned trial judge erred in law by proceeding to hear the suit when he has no jurisdiction.

PARTICULARS OF ERROR.

(a) The action is statute barred in that –