J. O. Akingbulugbe v. Nigerian Romanian Wood Industries Ltd (NIROWI) (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

The appeal herein is against the majority decision of the Court of Appeal, Akure Judicial Division delivered on 7th December, 2010 in appeal No. CA/B/ 73/2009. In the said judgment, the lower court struck out the appeal and the appellant’s suit in the trial court on the ground of incompetence of the statement of claim.

Brief statement of facts:

The appellant instituted the suit before the High Court of Ondo State by a writ of summons and statement of claim. The statement of claim was signed in the name of “Fola Akinrinsola and Company”.

By his further amended statement of claim, the appellant prayed for a declaration that his employment as Acting Managing Director of the respondent was wrongfully terminated and an order of reinstatement into the employment of the respondent. In the alternative to the latter relief, he sought special damages for the termination of his employment.

In support of his case, the appellant testified alone and tendered exhibits. The respondent on the other hand did not call any witness, but cross-examined the appellant through its counsel.

Upon conclusion of the appellant’s testimony and after the addresses of counsel, the trial court delivered its judgment wherein it granted the appellants’ first prayer, but declined granting the second prayer because the appellant had exceeded the age of retirement. The court therefore granted the alternative prayer, awarding the appellant the sum of N1,783,284.10 as special damages for wrongful termination of his employment.

The respondent was miffed with the judgment of the trial court and appealed to the court below. In the judgment delivered by Ngwuta, JCA (as he then was), with which A. A. Adumein, JCA concurred, the proceedings before the lower court and the trial court were declared a nullity.

The suit at the trial court together with the appeal at the lower court were therefore struck out for being incompetent. Specifically, Ngwuta, JCA pronounced thus:

“In my humble view, an appellate court has a duty not only to examine the processes in the appeal, but also to examine the records of the court below from which the appeal is brought to ensure that both the lower court and the appellate court have jurisdiction in the matter.

In the instant case, the court below had no jurisdiction to determine the case and ipso facto, this court lacks jurisdiction to determine the appeal on the merit. The defect in the proceedings in the court below is an issue of law and not fact and I see no reason to invite counsel to address the issue in the peculiar circumstances.”

In the minority/dissenting judgment delivered by Iyizoba, JCA, the judgment of the trial court was set aside and it was held that the employment of the appellant was lawfully terminated and that the appellant did not prove his entitlement to the reliefs sought. His lordship however pointed out that the statement of claim was not signed by a legal practitioner and stated:

“In this appeal, the issue was not raised by the parties; I would rather leave it alone since the parties were not given the opportunity to address us on it.”

The instant appeal is a product of the appellant’s dissatisfaction with the majority judgment of the lower court. This appeal was commenced by a notice of appeal anchored on a sole ground of appeal.