Ecobank Nigeria PLC V. MR. Ikwuagwu Kalu (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A.: (Delivering the leading judgment)

The Claimant/Respondent (Respondent) commenced this action by way writ of summons dated May 11, 2009 at the High Court of Lagos State, praying in the main for:

i. “The sum of N25,079,498.81 (Twenty-Five Million, Seventy-Nine Thousand, Four Hundred and Ninety Eight Naira, Eighty-One Kobo) being the terminal benefits due to the Claimant from the Defendant consisting of gratuity, redundancy and pensions contributions in keeping with the terms and conditions of the Claimant’s employment with the Defendant;

ii. Interest on the said sum of N25,079,498.81 (Twenty Five Million, Seventy-Nine Thousand, Four Hundred and Ninety-Eight Naira, Eighty-One Kobo) at the rate of 15% per annum from 8th April, 2004 until final judgment; and

iii. Cost of this suit.”

(the statement of claim is on pages 3 to 15 of the record of appeal.)

The Defendant/Appellant (the Appellant) filed its statement of defence on June 11, 20-09. (The statement of defence is on pages 18 to 62 of the record of appeal) thereafter, the Appellant filed a motion on notice dated June 16, 2009 wherein it prayed the trial court to strike out its name as a party to the suit on the ground that the statement of claim (a) disclosed no reasonable cause of action against the Appellant; and (b) there was no privity of contract between the Appellant and the Respondent. The motion on notice and written address in support are on pages 63-109 of the record of appeal.

After taking arguments from counsel, the learned trial judge, the Honourable Justice A. Olateru-Olagbegi J. in his ruling dismissed the application. (The ruling is on pages 121 to 124 of the record of appeal.) The Appellant thereafter filed a notice of appeal against the ruling (the notice of appeal is on pages 125 to 126 of the record of appeal.) This is appellant’s brief of argument filed in support of the notice of appeal and in compliance with the rules of this Honourable court.

The two (2) grounds of the notice of appeal on pages 125-126 of the record of appeal is as follows shun of their particulars.

GROUND ONE

ERROR OF LAW

The learned trial judge erred in law when he dismissed the Appellant’s application which sought for an order striking out the name of the Appellant for want of privity of contract with the Respondent and for non-disclosure of the statement of claim of a reasonable cause of action.

GROUND TWO

ERROR OF LAW