Alexander C. Nze V. The Nigerian Ports Authority (1997)

LawGlobal-Hub Lead Judgment Report

ROWLAND, J.C.A.

This is an appeal by the appellant against the judgment of Ichoku, J. (as he then was) in Suit No. PHC/474/86. The appellant as plaintiff in the lower court had claimed a declaration that his dismissal by the respondent was wrongful, illegal and void and also N100,000.00 as general damages for wrongful dismissal. Pleadings were ordered filed and exchanged. The parties amended their pleadings a number of times in the course of the proceedings. See pages 18-24, 27-33 and 36-43 of the record of proceedings. The case then proceeded to trial. At the trial the appellant gave evidence for himself while one Mr. A. Egerton – a staff of the respondent testified for the respondent. After reviewing the evidence adduced by both parties, the learned trial Judge, in a reserved judgment dismissed in toto the claim of the appellant. He held inter alia that the claim was statute barred. The plaintiff was dissatisfied with the decision of the court below and consequently appealed to this court on a number of grounds. The original Notice of Appeal contains two grounds. With the leave of this court the plaintiff as appellant amended his grounds of appeal by adding six more grounds, thus making a total of eight grounds of appeal.

They read without their particulars as follows:-

“(1) Misdirection in Law:

The learned trial Judge misdirected himself in law and whereby came to a wrong conclusion when he held that the plaintiff/appellant did not prove that his dismissal letter was written on 29th May, 1986 but backdated to 29th May, 1985 with the intention of making his action statute barred as pleaded in his Statement of Claim.

(2) The judgment is against the weight of evidence.

(3) Error in Law:

The learned trial Judge erred in law when he held that plaintiff/appellant was given fair hearing before his purported dismissal by the defendant/respondent.

(4) Error in Law:

The learned trial Judge erred in law when he held that the appellant was rightly dismissed by the respondent.

(5) Misdirection in Law:

The learned trial Judge misdirected himself in law when he held thus:

“The plaintiff no doubts exhibited lack of respect, and indiscipline when he wrote petition against his superior without first clearing and also his conduct was bad in that he did not obey instructions and also relating to the sale of Port passes his conduct was not commendable.”

(6) Error in Law: