Akwa Ibom State College of Education, Afaha Nsit V. Mrs. Ekaette Umanah Ekong (2008)

LawGlobal-Hub Lead Judgment Report

JEAN OMOKRI, J.C.A,

This is an appeal against the judgment of Ita Mbaba, J., in Suit No. HU/UND/72/07 delivered on 6/8/07.

The brief facts of the case now on appeal are that the respondent who was plaintiff at the court below, was given a temporary employment by the Akwa Ibom State College of Education, as a Lecturer III on 6th of April, 2005 and posted to the General Studies Department. That appointment was terminated by the appellant through a letter dated the 1st of February, 2007. The termination of the temporary appointment was with effect from 28th of February, 2007. Subsequently, the respondent instituted proceedings against the appellant before the High Court of Akwa Ibom State sitting at Uyo under the undefended list procedure. The endorsement on the writ is as follows:

“The plaintiff claims against the defendant the sum of N708,965,52 (Seven hundred and eight thousand, nine hundred and sixty-five Naira, fifty-two Kobo), being her unpaid salaries and allowances from June, 2005 to February, 2007. The breakdown is as follows:

(i) 20 months Salaries at N31,930.12 per month from June, 2005 to February, 2007 = N638,602.40

(ii) Leave Grant 2005 = 19,216.50

(iii) Leave Grant 2006 = 19,216.50

(iv) One months salary in lieu of one month Notice of termination 31,930.15

Total N708,965.52

(b) 20% interest from 1st day of July, 2005 until the final payment of the judgment debt.

(c) The Cost of this action.”

The appellant at the court below contended that the suit was commenced at the wrong venue. It then filed an application before the Chief Judge of the State for the matter to be transferred to the appropriate venue for hearing and determination. It also filed a Notice of Intention to defend supported with an affidavit and exhibited the application before the Chief Judge for transfer of the matter to the appropriate Judicial Division. The trial court ignored the Notice of Intention to defend the affidavit and the exhibits thereto and entered judgment in favour of the respondent. The learned trial Judge held at pages 31 – 32 of the record as follows:

“ON MONDAY THE 6TH DAY OF AUGUST, 2007

Parties are present.