Anthony Oguejiofor V. Siemens Limited (2007)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, J.C.A.

This is an appeal against the judgment of the Kaduna State High Court holden at the Kaduna State Judicial Division in suit No. KDH/KADJ/466/2003, delivered on the 19th day of March, 2004. The appellant herein as the plaintiff commenced an action against the defendant now the respondent by a writ of summons dated 16/7/2003, wherein he claimed the following reliefs as per paragraph 7 of his statement of claim:-

“(7) The sum of N138,937.50 being the entitlement as follows:

(a) Gratully

(b) Transport

(c) Housing Allowance

Special damages:

(a) Filing fees N65:1.00k

(b) Professional fees- N70,000.00

General damages N200,000.00

Total = N409,588.50k”

Pleadings were ordered, flied and exchanged by parties.

At the hearing only the appellant as plaintiff testified at pages 32 – 33 of the printed record. The respondent did not cross-examine the appellant who testified as PW.1 because the learned trial judge closed the case for defence on 24/2/2004 because both parties were absent without any excuse, having adjourned the suit several times to enable the respondent cross-examine PW.1 and give evidence in support of its case.

After the close of the appellant’s case and address, the learned trial Judge, in a reserved and considered judgment contained at pages 43 – 46 of the printed record, held: