Godwin Okereocha V. Minister of Commerce and Tourism & Anor (2000)

LawGlobal-Hub Lead Judgment Report

ODUYEMI, J.C.A. 

By a writ of summons issued out by the Registry of the High Court of the Federal Capital Territory, Abuja on 3rd April, 1991, the plaintiff claimed the following reliefs:-

“(a) A declaration that his purported dismissal by the first defendant was invalid, null, void and of no effect whatsoever.

(b) A declaration that the plaintiff is and continues to be an employee of the first defendant.

(c) An order for the immediate reinstatement of the plaintiff by the defendant.

(d) A declaration that the plaintiff is entitled to his accumulative salaries.

(e) An order for the immediate promotion of the plaintiff by the 1st defendant”.

A statement of claim accompanied the writ.

Plaintiff subsequently filed a further amended statement of claim in which the reliefs claimed were repeated.

The defendants filed a statement of defence but led no evidence in support at the trial.

Plaintiff gave evidence and called one witness. Plaintiff also tendered 7 exhibits; Exhibits P1-P7.

In his judgment delivered on 5th August, 1992, the learned trial Judge agreed with learned counsel for the plaintiff as follows:-

(i) Since the pleadings of defendants had been bare without supporting evidence, such pleadings are deemed abandoned.

(ii) The plaintiff’s evidence remained unchallenged and uncontroverted.