African Continental Bank Plc V. S. I. C. Odukwe (2004)

LawGlobal-Hub Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.C.A.

This is an appeal against the judgment of the then Bendel State High Court sitting at Agbor in the present Delta State. The plaintiff’s claim endorsed on the writ of summons issued on 12th November, 1990 and amended in paragraph 16 of the amended statement of claim reproduced hereunder:

“1. A declaration that the plaintiff is still in the employment of the defendant and is entitled to the benefit accrued since the 1st day of September, 1985 when the defendant purportedly illegally and wrongfully dismissed plaintiff from its service, and/or

2a. A declaration that the plaintiff is entitled to the benefit of a retirement with all his right and privileges given to him by virtue of his employment by the defendant.

(b) Order of court that the plaintiff be paid special damages as follows:

(1) Balance leave grant unpaid 838.20

(2) Send off for retired officers 1,000.00

(3) Half salary as a result of suspension from duty between July-September – (N839.33 x 3) 2,517.99

(4) One standard freezer N4,500.00

(5) A double charlet for plaintiff and wife in a good hotel for 2(two) nights 2,000.00

3. An order of court sitting aside letter reference number PAD/IR/STA.502 emanating from the defendant as irregular and in breach of the rules of natural justice and against the collective agreement between plaintiff and defendant.
4. An order of perpetual injunction restraining the defendant, its servants/agents/privies from further issuing and acting upon letter No.PAD/IR/STA.502 dated the 1st day of September, 1988 dismissing or terminating the employment of the plaintiff without payment of his retirement benefits, rights or privileges.
5. Payment of the sum of N50,000.00 (fifty thousand Naira) as damages.”

Pleadings were filed and exchanged.

At the trial, the plaintiff (respondent herein) testified for himself and closed his case. The defendant, (now appellant) fielded six witnesses and at the close of its case, learned counsel for the parties addressed the court. On 29th May, 1992 the trial court (Edah, J. Presiding) entered judgment for the plaintiff (now respondent) in the following terms: “On the whole, therefore, I hold on the credible evidence before me that the plaintiff has proved his case against the defendant on a balance of probabilities and that he is entitled to judgment. In the circumstances, judgment is hereby entered in favour of the plaintiff against the defendant in the following terms:-

“1. It is hereby declared that the plaintiff is entitled to the benefit of a retirement with all his rights and privileges given to him by virtue of his employment by the defendant.

2. It is hereby ordered that letter reference No. PAD/IR/STA.502 emanating from the defendant be and is hereby set aside as irregular, in breach of the rules of natural justice and against the collective agreement between the plaintiff and defendant.
3. The recovery of the sum of N10,856.19 (ten thousand, eight hundred and fifty-six Naira, nineteen kobo) being special damages for unlawful dismissal.
4. The cost of this action is assessed at N500.00 in favour of the plaintiff.”

Aggrieved by the said judgment, the appellant appealed to this court on the following six (6) grounds: