Flour Mill Of Nigeria Limited V. Tajudeen Ogunbayo (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment)

This is an appeal filed against the judgment of JUSTICE O. O. OKE of the High Court of Lagos delivered on 7th April 2003. The Respondent was an employee of the Appellant and worked as a Trailer Driver until he was relieved of his duties for failure to deliver goods handed over to him in the course of his duty.

The Appellant impounded the Respondent’s Volkswagen car and subsequently, some of the goods given to the Respondent to deliver were discovered missing. The Appellant (as defendant at the Lower Court) reported the Respondent to the police. The police cleared the Respondent of the allegation and despite this, the defendant refused to pay the Respondent’s salary, refused to allow him to work neither did they release the Respondent’s car to him.

The Respondent as plaintiff at the Lower Court, by a writ of summons dated the 26th day of February 1991 instituted an action against the defendant claiming certain reliefs. Pleadings were duly filed by the parties. The plaintiff’s claims as per the further amended statement of claim dated 30th November, 1998 (at pages 117-124 of the record of appeal) as follows:

19 (i) “A Declaration that the Plaintiff is and remains an employee of the Defendant company fully entitled to his usual remunerations as well as all increments naturally accruing to him;

(ii) AN ORDER that the defendant do allow the Plaintiff access to its premises and recall him to his duties not having been suspended, terminated or dismissed;

(iii) The Plaintiff’s monthly salaries and allowances from May 1990 till the date of judgment in this suit at the rate of N320.00 and N85.00 per month being salaries and allowances respectively.

(iv) An order that the defendant do compute the difference between the salaries and allowances herein claimed and what the Plaintiff would have earned if the defendant was paying him since 1990 as determined by the various increases in salary and at allowances of officers of the plaintiff’s cadre and that whatever sums are outstanding be immediately paid to the plaintiff;

(v) A declaration that the impounding of the Plaintiff’s said Volkswagen car by the defendant at its premises is unlawful;

(vi) An order that the defendants do immediately and satisfactorily repair and renovate the plaintiff’s said car to a sound physical, mechanical and roadworthy condition and return same and the keys thereof to the Plaintiff or in lieu thereof immediately Purchase a brand new Volkswagen car for the Plaintiff.

ALTERNATIVELY:

The sum of N180,000.00 being the value of the Plaintiff’s Volkswagen car which the defendant wrongly impounded at its premises and which vehicle has been left to deteriorate since 1990.

(vii) N50.00 per day from 1st June 1990 till 31st December 1992 and thereafter N100.00 per day from 1st January 1993 till date of judgment for loss of the use by the Plaintiff of the said car by virtue of its having been wrongly impounded and detained by the defendant;

(viii) N100,000.00 (One Hundred thousand Naira) General damages”‘