Arab Construction Ltd. & Anor V. Asuquo Sunday Isaac (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the Cross River State High Court sitting at Calabar delivered on the 2/3/09 in Suit No. 317/2008 which was filed by the Respondent herein, against the Appellants. By the writ of summons and statement of claim in the suit, the Respondent had made claims as follows; against the Appellants:-

“1. The plaintiff seeks a declaration that the termination of appointment by the 1st defendant is wrongful as same was predicated on an allegation of stealing without according him fair hearing in a competent court.

2. Claims of N2, 000,000.00 damages and unpaid claims and entitlements while the employment lasted.”

The Appellants though served with the writ and statement of the Respondent’s claims did not appear or file a statement of defence to the claims. The Respondent testified as the, lone witness in support of his claim and identified the letter of termination of appointment, attached to the statement of claim, and it was admitted in evidence as Exh. 1.

After hearing address from the counsel for the Respondent, the High Court entered judgment in favour of the Respondent primarily on the ground that the Appellants were deemed to have admitted the claims since they did not file a statement of defence or testify in the case.

Being aggrieved by the said decision, the Appellants filed a notice and grounds of appeal on the 22/5/09 against it. The grounds of the appeal are that:

“GROUND 1:

The learned trial judge erred in law by failing to give effect to the clear and unambiguous content of Exh. ‘A’ which clearly show the reason for the termination of the employment of the Respondent but relied on oral evidence to contradict the content of the exhibit.

GROUND 2:

The learned trial judge erred in law by awarding to the plaintiff the sum of N2, 000,000.00 (Two Million Naira) claimed by him as “unpaid claims, bills and other entitlements” when same was not specifically proved.”

In the Amended Appellants’ brief filed on the 20/10/09 but deemed on the 3/2/2011, a lone issue was distilled from the above grounds of appeal and submitted for decision in the appeal. It is as follows:

“Whether from the totality of the evidence before the trial court, the Respondent was entitled to his claim of N2, 000,000.00.”

In the Respondent’s brief filed on the 2/3/11, the lone issue was put in the following terms:-

“Whether the learned trial judge was right to have awarded general damages of N2, 000,000.00 (Two Million Naira) only.”