Angel Spinning & Dyeing Limited V. Mr. Fidelix Ajah (2000)

LawGlobal-Hub Lead Judgment Report

OBADINA, J.C.A.

T

his is an appeal against the decision of the Kano State High Court delivered on the 17th October, 1996 in favour of the respondent against the appellant in suit No.K/69/95. The respondent was the plaintiff, while the appellant was the defendant. At the High Court, the respondent as plaintiff claimed in paragraph 19 of the statement of claim as follows:-

“Whereof the plaintiff claims as follows:-

(i) A declaration that the purported termination of the plaintiff’s employment conveyed in the defendant’s letter dated 12th December, 1994 addressed to the plaintiff is ineffective, wrongful, null and void.

(ii) An order reinstating the plaintiff to his position with all benefits and privileges appertaining thereto, with effect from the date of such purported termination of employment.

(iii) Further and in the alternative, the plaintiff claims from the defendant the sum of N60,500 being special damages for the loss caused to plaintiff by the defendant by reason of the defendant so unfairly and wrongfully terminating the plaintiff’s employment.

(iv) The plaintiff also claims general and compensatory damages from the defendant.”

Pleadings were exchanged by the parties. At the trial before the Lower Court, the respondent as plaintiff testified as PW1, and tendered Exhibits 1 – 11. He called no other witness. The appellant as defendant called only a witness who testified as DW1 and tendered Exhibits 12 – 16. The learned counsel to the parties addressed the court. On the 17th of October, 1996, the learned trial Judge delivered his judgment and entered judgment in favour of the respondent. It is against the judgment that the appellant now appealed to this court, on four(4) original grounds of appeal. Pursuant to the leave of this court, the appellant amended the original notice and grounds of appeal to the present six (6) grounds of appeal.

From the six (6) amended grounds of appeal, the appellant formulated three (3) issues for determination; namely:-

(1) Whether the learned trial Judge was right in ordering the appellant to reinstate the respondent to his former position with all the benefits and privileges appertaining thereto in view of the nature of the respondent’s contract of employment with the appellant coupled with the evidence adduced on the printed record.

(2) Whether the learned trial Judge was justified in law in declaring the respondent’s termination of employment as contained in the appellant’s letter of 12th December, 1994, wrongful, null and void, solely on the ground of lack of fair hearing.

(3) Whether the learned trial Judge was right in finding that the respondent proved his case on the balance of probabilities to warrant the declaratory orders made and award of N60,500 as damages in favour of the respondent.

In arguing the first issue raised in the appeal, the learned counsel for the appellant referred to the findings of the learned trial Judge on pages 53 paragraph 4 of the record of appeal, wherein the learned Judge stated:-