C.G.G. (Nig) Limited V. Anthony Augustine & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EJEMBI EKO, J.C.A (Delivering the Leading Judgment)

The 1st sets of Respondents were the Plaintiffs at the lower court. Their case against the Appellant and the 3rd set of Respondent was that they were employed as security supervisors and security men by the Appellant and the 3rd Respondent. They alleged that they had a four (4) year contract of employment with the Appellant and the 3rd Respondent at Aleibiri village of Bayelsa State.

They further contended that at the time the Appellant (as 1st Defendant) left Aleibiri site they were being owed arrears of their entitlements and that the Appellant suddenly moved out of Aleibiri site without their knowledge and notice; and further that the Appellant moved out of the said Aleibiri site without giving them a formal letter terminating their appointment. They had formed an opinion that the conduct of the Appellant amounted to termination of their appointment.

Consequently, their claim against the Appellant and 2nd set of Respondent jointly and/or severally is for

a. Plaintiffs’ salaries in arrears running from 1998 until judgment is liquidated.

b. A monthly interest of 30% of the aforesaid salaries in arrears until judgment is liquidated.

c. the sum of two million Naira (N2,000,000.00) being and representing general damages for breach of contract of employment.

The parties called a total of four witnesses. In his considered judgment, after the final addresses of counsel, the learned trial Judge dismissed claims for “arrears of salaries from 1998 until judgment is liquidated” and a “monthly interest of 30% of the aforesaid salaries in arrears until judgment is liquidated”. The 1st set of Respondents, as Plaintiffs, did not appeal the dismissal of these claims.

The learned trial Judge held however that the Appellant ought to have given reasonable notice to the Plaintiffs/Respondents “of termination of the employment or payment in lieu which they fail (sic) to do” in breach of their common law duty. He consequently awarded N200,000.00 general damages against the Appellant for breach of common law rule of a termination of contract of employment – in favour of the plaintiffs (Respondents).”  The suit this against the 2nd Defendant/ 3rd Respondent was dismissed in its entirety.

It is against this decision and award of N200,000.00 general damages that the Appellant appealed on three grounds of appeal.

Out of these three grounds of appeal the Appellant, in his Brief of argument, filed on 20th June, 2005, formulated two issues to wit:

1. Whether the Appellant is liable to the 1st set Respondents for breach of contract of employment, and
2. If so, to what extent in damages?

The 3rd Respondent, who also was the 2nd Defendant at the trial court, formulated one issue in his brief of argument filed on 18th April, 2007 but deemed filed on 30th October, 2008. That is

Whether the lower court was right when it awarded to the 1st set of Respondents (plaintiffs) the sum of N200,000.00 (two hundred Thousand Naira) only as general damages for alleged breach of contract of employment.

The 1st set of Respondents, who were the plaintiffs at the trial court, did not file any brief of argument. The appeal, at the instance of the appellant, was heard only on the briefs of the Appellant and the 3rd Respondent, who incidentally were the defendants at the trial court.