Frank Gboboh V. British Airways PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos delivered on the 30th day of September, 2010 presided over by HON. JUSTICE K. O. ALOGBA wherein judgment was entered in favour of the Appellant only to the extent of payment of the Appellant?s salary and other entitlements up to the date of his discharge from a criminal charge. Aggrieved by the said decision, the Appellant filed a Notice of Appeal dated 13th of May, 2013 on the 14th of May, 2013 setting out 4 grounds of appeal.

The brief facts surrounding this appeal are simply that the Appellant was an employee of the Respondent, an Accounts Officer II at the time material to this appeal. In the course of his employment, he participated in the opening of a Corporate Credit account in the name of United Nations which resulted in the issues of tickets to the tune of $88, 304. 00. The cost of the tickets could not be recovered by the Respondent. Consequently, the Respondent reported the matter to the police which instituted criminal charges against the Appellant at a Magistrate Court. The Magistrate Court

discharged the Appellant of the criminal charges against him but in the course of the trial, the Respondent terminated the employment of the Appellant. Thereafter, the Appellant by way of an originating summons approached the Lower Court for the determination of some questions arising from the relationship between the parties but the trial Court ordered pleadings and by a writ of summons filed on the 19th March, 2003, the Appellant sought for some declaratory reliefs challenging his dismissal from service during the pendency of a suit.

The claim was denied and the matter went to trial. At the end, the trial Court entered judgment in favour of the Appellant only in terms of his entitlements up to the date of his discharge from the criminal charges. The Appellant is now contending that based on the judgment, the Court had terminated his employment suo motu thus this appeal. There is a cross appeal by the Respondent.

?The Appellant filed his Appellant’s brief dated 12/9/13 filed on the 18/09/13, a reply brief dated 14/9/15 filed on the same day but deemed on the 29/9/15. There is also a cross respondent?s brief filed on the 14/9/15, deemed properly filed on the

29/9/15.

The Respondent filed a Notice of Cross Appeal setting out 3 grounds of Appeal and a Respondent/Cross Appellant?s brief both dated 4/5/15 filed on the 5/5/2015 and deemed filed on the 7/5/15. The Cross Appellant’s reply brief dated 23/9/15 was filed on the 28/9/15 deemed on 29/5/15 and a list of additional authorities filed on the 9/2/16. All the briefs were adopted at the hearing of the appeal. The main appeal shall be considered first before attention shall go to the cross appeal.

The Appellant formulated 2 issues for determination as follows:

a. Having set aside the dismissal letter Exhibit C9 and having regard to the circumstances of this case, whether the learned trial judge was right to have proceeded suo motu to terminate the Appellant?s employment?

b. If the answer to the above is in the negative, what is the appropriate consequential order the learned trial judge ought to have made in the circumstances?

The Respondent / Cross Appellant formulated one issue for the main appeal and 2 others for the cross appeal. The sole issue for the main appeal goes thus:

?Whether the Court below, having set aside the Appellant?s

dismissal by the Respondent, ought to have granted a declaration that the Appellants employment still subsists and awarded in favour of the Appellant, salaries, allowances and benefits from the date of his dismissal till judgment