Durbar Hotel Plc V. Mr Abella Ityough & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from a decision of the Court of Appeal (Kaduna Division) which affirmed the decision of a Kaduna High Court which held that the respondents properly brought this action in a representative capacity. The facts are these, the respondents and about two hundred and ninety-five persons were former employees of the appellant. The appellant in the month of May, 1997 closed down its operations to carry out major renovation work in the appellant Hotel, and directed the respondents to go on six months compulsory leave. The respondents say that they were sent away without their entitlements paid to them. By their amended statement of claim the respondents claim against the appellant the following reliefs:

(a) A Declaration that the defendant action in keeping the plaintiffs away from duty at the Defendants premises indefinitely as from May, 1997 till date without paying them any amount whatsoever and without due determination of their contracts of employment with the defendant is wrongful,

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illegal and a gross violation of the terms and conditions of their employment.

(b) A Declaration that the said actions of defendant had caused the plaintiffs serious untold mental, physical, psychological and social inconvenience and embarrassment.

(c) An order awarding the plaintiffs against the defendant, the sum of N500,000,000.00 (Five Hundred Million Naira only) as general and aggravated damages for the gross violation of the terms of employment and conditions of service as well as the serious inconveniences, hardship and embarrassment caused the plaintiffs.

OR IN THE ALTERNATIVE

(d) An Order directing the defendants to terminate the plaintiffs appointment with the defendant in accordance with the terms and conditions of their appointment with the defendant and for the defendant to pay the plaintiffs their salaries and other fringe benefits from May, 1997 till the order of the termination of their appointment totaling N220,000,000.00 (Two hundred and twenty Million naira only).

The plaintiffs/respondents in proof of their case called six witnesses and closed their case on 9/2/2005. Rather than open their defence, the

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defendant/appellant filed a motion on Notice on 24/11/2005 for the following reliefs:

(a) the plaintiffs/respondents lack the capacity to institute this action in a representative capacity.

(b) the action is not properly instituted.