Dr. Ben O. Chukwumah V. Shell Petroleum Development Company Of Nigeria Limited (1993)

LawGlobal-Hub Lead Judgment Report

OGUNDARE, J.S.C.

The plaintiff, Dr. Ben O. Chukwumah is a registered medical practitioner and a specialist in obstetrics and gynecology. In October 1975 he was offered (and he accepted) a locum appointment by the Shell Petroleum Development Company (Nig) Ltd, as a medical officer in the company’s service at its Port-Harcourt branch. By a letter dated 26th November 1976 the company offered him (and again he accepted) a regular appointment as a general duties Industrial Medical Officer at its Warri branch with effect from 17th December 1976. He performed so well that a year later his appointment was confirmed and he became a member of the Shell-BP Contributory Pension Fund and was entitled to other benefits other employees of the company enjoyed. It would appear, however, that relations between him and employer soon became strained and by a letter dated 18th August 1981 his appointment with the Company was terminated with effect from the date of the letter.

While in the employ of the Company, the plaintiff was residing with his family in a house provided by the Company and situate within its premises at Warri. With the termination of his employment, the Company gave him a month’s notice to vacate the house. According to the plaintiff, he was ejected from the house on 15th October, 1981.

Aggrieved by the termination of his employment and his ejection from the company’s house he occupied as a paying tenant, plaintiff sued the Company in the High Court of the former Bendel State, in the Warri Judicial Division claiming:

“(1) A declaration that the defendants’ letter dated 18th August 1981 addressed by the defendants’ branch at Warri to the plaintiff at Warri by which the defendants purported to terminate the employment of the plaintiff with the defendant company is actuated by malice and bad faith, is grossly unreasonable and capricious and is ineffective to terminate the plaintiff’s said employment.

(2) Further and in the alternative, the plaintiff claims from the defendants the sum of N385,529.00 (Three hundred and eighty five thousand, five hundred and twenty nine Naira) being compensation for the loss caused to the plaintiff by the defendants by reason of their so acting maliciously, capriciously, grossly unreasonably and in bad faith to the detriment of the plaintiff. (3) The plaintiff also claims the sum of N100,000.00 (one hundred thousand Naira) being damages for trespass in that the defendants on 17th September 1981 invaded the residence of the plaintiff situate at 4 Benue Road, Ogunu, Warri, vi et armis, which at all material times is occupied and is in possession of plaintiff and therein disconnected the electric power and water supply to the premises to the inconvenience of the plaintiff and generally committed sundry, wanton acts of trespass and annoyance in the said premises in the bid improperly and unlawfully to oust the plaintiff from possession.

(4) An injunction restraining the defendants, their servants and/or agents from disturbing the possession of the plaintiff of the said premises.”

Needless to say that the company resisted the claim.

Pleadings having been ordered and exchanged and amended with leave of court (the plaintiff also filing a reply to the amended statement of defence), the case proceeded to trial at the end of which, after addresses by learned counsel for the parties, the learned trial Judge, in a reserved judgment, found that:

“The plaintiff is not entitled to any of the reliefs claimed by him. I hold that he is only entitled to the two month’s salary in lieu of notice and other dues which the company stated in his letter of termination that it would credit him with. Subject therefore, this action is dismissed.”

Being dissatisfied with this judgment, the plaintiff unsuccessfully appealed to the Court of Appeal. He has now further appealed to this Court upon five grounds of appeal which, without their particulars read as follows:

“1. The Court of Appeal erred in law in its conclusion that the circumstances under which a court could grant the declaration sought are:

‘such circumstances arise where the employment has statutory flavour and creates an atmosphere relatively different from the ordinary relationship of master and servant or where the person dismissed or terminated occupied a special legal status such as tenure of public office….. ‘

and by refusing thereby to allow the appeal from the refusal of the High Court to grant the declaration sought.