Dominic Akpan & Ors V. Julius Berger Nigeria Plc (2002)

LawGlobal-Hub Lead Judgment Report

ODUYEMI, J.C.A. 

It would appear from the records in this case that, by different applications brought before the District Court of Justice of the Federal Capital Territory, Abuja, some time in March, 2000, by the respondent each against some of its employees, whose contracts of employment the respondent claimed to have terminated, the respondent caused summonses for the recovery of possession in its favour of its premises occupied by the defendants to be issued against the several defendants.

Respondent also claimed that sometime in February, 2000, it had caused notices of its intention to make the application to recover possession of the premises to be served either personally on each defendant or through the bailiff of the court – See pages 1 and 2 of the record.

By an application dated 8th May, 2000, the appellants in this case, as defendants/applicants filed an application before the said Chief District Court seeking the following Orders: (Pages 41 and 42 of record)

(a) An order dismissing the present suit pending before this Honourable Court in its entirety for gross abuse of the process of this Honourable Court.

An order compelling the plaintiff/respondent to pay the sum of twenty five thousand Naira (N25,000.00) to each of the defendants/applicants being the cost of their defending this case.”

The grounds for seeking the reliefs are stated as follows:

“1. The subject-matter of the present suit is being affected by a pending suit before the High Court of Justice, Abuja, with a subsisting order of the High Court of Justice that the defendants should continue to occupy their official quarters pending the determination of the motion on notice which has not yet been heard and determined.

2. The defendants are also seeking for an order from the High Court of Justice in suit No. FCT/HC/CV/423/99 pending before the High Court of Justice to restrain the plaintiff from declaring them redundant.
3. The present action is incompetent for misjoinder of parties and action.
4. It costs each of the defendants the sum of twenty five thousand Naira (N25,000:00) to defend this action.”

The application was supported by an affidavit of 9 paragraphs of which paragraphs 4, 5 and 6 would later require to be quoted in this judgment.

The application was argued before the learned Chief Judge of the Chief District Court. In a reserved ruling, the learned Chief Judge dismissed the application by way of preliminary objection in its entirety.

Dissatisfied with that ruling, appellants appealed to the High Court of the Federal Capital Territory, Abuja, in its appellate jurisdiction.

In the notice of appeal, appellants filed 8 grounds of appeal. By leave of that court appellants filed two additional grounds of appeal.

The appeal was argued before the learned Judge of the appellate High Court (hereinafter called the lower court).

The portion of the brief judgment of the lower court relevant to this appeal, is as follows:-