Daniel M. Ogbaje V. Abuja Investment and Property Development Company Limited (2007)

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OYESISI F. OMOLEYE, J.C.A.

This is an appeal from the judgment of U. I. Ndukwe-Anyanwu J. of the High Court of the Federal Capital Territory, Abuja sitting at Bwari delivered on 25/05/05.

The appellant as plaintiff claimed against the respondent as defendant for the following:

“(a) An order of Court directing the Defendant to reabsorb the Plaintiff and restore him to his position as General Manager (Investment).

(b) An order directing the Defendant to pay him all his salary arrears from the 1st of June, 2003 till he is reabsorbed.

(c) An order of Court directing the Defendant to restore to him all his earned promotions, leaves and leave allowances, housing allowances and all other benefits and perquisites of his office until his retirement age

pursuant to the conditions of service of the Defendant.

(d) A perpetual injunction restraining the Defendant from victimizing or further victimizing the Plaintiff or denying him of his means of livelihood and sustenance without justification.”

Pleadings were filed and exchanged by parties. The respondent denied all the claims of the appellant. At the hearing the appellant testified and tendered Exhibits “A” – “G”. The respondent called one witness and tendered two Exhibits “H” & ”J”.

The case of the appellant is that he is an employee of the respondent by the letter of appointment dated 21/02/95, Exhibit “A”. However on 10/05/2000, he was posted on the directive of the Permanent Secretary, Ministry of the Federal Capital Territory by the respondent to one of the respondent’s subsidiaries, Capital Hotels Plc as Managing Director/Chief Executive Officer. Subsequently, Capital Hotels Plc was privatized by the respondent in May, 2003, the appellant then ceased to be its Managing Director. The appellant wrote to the respondent in June, 2003 vide Exhibit “E” for his absorption into the main services of the respondent company. Till date the respondent has not reacted in any way to the letter.

The respondent’s defence on the evidence of its sole witness is that the appellant resigned his appointment with the respondent when he, the appellant accepted his posting to Capital Hotels Plc.

The learned trial Judge after due consideration of the case for both parties delivered his judgment on 25/05/05 and held that the appellant’s acceptance of the appointment to Capital Hotels Plc brought to an end his employment with the respondent company thereby proclaiming the failure of the appellant’s claims.

Aggrieved by the judgment of the trial court, the appellant brought this appeal.

At the hearing of the appeal on 30/10/06, learned counsel for the appellant, Mr. B. O. Omale adopted his brief of argument and urged the court to allow the appeal, set aside the judgment of the trial court and make an order that the appellant be restored to his position in the employment of the respondent company.