Glaxo Smithkline PLC V. Ali Zakari Jiya (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

THERESA NGOLIKA ORJI-ABADUA, J.C.A.(Delivering the Leading Judgment)

By the Amended Notice of Appeal filed by the Appellant on 20/11/2012, the Appellant is contesting the judgment handed down on the 3rd March, 2011 against it by the Kano State fHigh Court in Suit No. K/131/2004 which it predicated on five grounds of appeal.

It sought that the said judgment be set aside. This appeal emanated from the civil proceeding instituted against the Appellant by the Respondent before the Kano State High Court and in which the Respondent, via his Statement of Claim dated the 4th March, 2004 sought against the Appellant the following reliefs:

“(a) A declaration that the Defendant’s failure or refusal to pay the Plaintiff his full terminal benefits/entitlements four years after his employment was terminated is without justification and therefore unlawful.

(b) the sum of N300,662.38 (Three Hundred Thousand, Six Hundred and Sixty-Two Naira, Thirty Eight Kobo) being the terminal benefit/entitlements of the Plaintiff.

(c) 10% Court interest from date of judgment until judgment sum is fully liquidated.

(d) Two Million Naira (N2,000,000.00) as general damages for unlawfully withholding Plaintiff’s entitlement.

(e) Cost of this action.”

It was averred that the Respondent was engaged in the services of the Appellant on the 1st June, 1994. He later rose to the position of Business Development Manager overseeing vaccines, ethicals and Government business in the North West Region of Nigeria operating from Kano. After six years, he was disengaged by a Letter of Termination dated the 10th January, 2000. Despite the correspondences between the parties, the Appellant refused to pay his entitlements to him which he alleged had occasioned a lot of hardship to him.

The Appellant duly responded to the allegations contained in the Respondent’s pleading by filing a Further Amended Statement of Defence of twenty-two paragraphs dated the 6th March, 2009. The Respondent, in turn, filed a Reply dated the 25th January, 2010, to the Appellant’s Further Amended Statement of Defence.

However, hearing in the suit commenced on the 16th June, 2008. The Respondent, a Pharmacist by profession, testified as P.W.1., and gave account of all that transpired between him and the Appellant, and, tendered eight Exhibits. He denied being indebted to the Appellant to the tune of N220,000.00. He was cross-examined on the 25th November, 2008. It was after the Respondent’s testimony that the Appellant sought for an amendment of its Amended Statement of Defence.

Nevertheless, the Respondent was granted leave on 27/7/10 to amend his Reply to the Appellant’s Further Amended Statement of Defence. All these then necessitated the recall of the Respondent on 17/3/2010. He further testified in great length and was subsequently cross-examined. Thereafter, D.W.1. was presented for his evidence. He was quite detailed and was extensively cross-examined. The parties later addressed the trial Court via their respective Counsel.

Then, on the 3rd March, 2011, the trial court delivered its judgment in favour of the Respondent by awarding the four reliefs sought by him. This irked the Appellant that it felt the urge to lodge this appeal. The parties filed and exchanged their Briefs of Arguments. At the hearing of this appeal on the parties adopted their Briefs. The Appellant presented three issues for the determination of this Court which read:

“1. Whether the lower Court was right to assume jurisdiction over a matter that was initiated by an entity with no authority in law to do so.