Joseph Ifeta V. Shell Petroleum Development Company Of Nigeria Limited (2006)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

By a writ of summons dated 17-9-1996, the plaintiff instituted this action against the defendant for wrongful termination of employment. Pleadings were duly filed and later amended by the parties before the plaintiff’s claims came for hearing before the High Court of Justice of Delta State at Warri. In his amended statement of claim, the plaintiff claimed in paragraph 36, the following reliefs –

“36. WHEREFORE the plaintiff claim as follows:

(a) A declaration that the purported termination is wrongful, malicious null and void and (of) no legal effect whatsoever. The sum of N9,000,000.00 (nine million naira) which represents the plaintiff’s salary from 1991-1996.

The sum of N2,800,000.00 (two million eight hundred thousand naira) which represents long service award entitlements. The sum of N200,000.00 (two hundred thousand naira) which represents long service award entitlement.

The sum of N16,200,000.00 (sixteen million two hundred thousand naira) which represents plaintiff’s salary till he retires. Or in the alternative to relief (e) above. An order for this Honourable Court reinstating the plaintiff to his rightful status which he would have presently occupied within the defendant company.”

At the hearing of the case, only the appellant as plaintiff testified in support of his claims and no other witness was called by him. On the part of the defendant, its learned counsel saw no need in calling evidence in the matter thereby leaving the statement of defence bare and unsupported. After receiving addresses from the learned counsel for the parties, the learned trial Judge, Narebor J. in his judgment delivered on 15-12-1998, found for the plaintiff, granting him all the reliefs claimed including the alternative relief of reinstating the plaintiff to his employment in the defendant company.

The defendant being dissatisfied with the judgment of the trial court, appealed against it to the Court of Appeal Benin Division. The appeal was heard on the respective briefs of argument filed by the parties and in a unanimous decision of that court delivered on 2-4-2001, the defendant’s appeal was allowed. The judgment of the trial court in favour of the plaintiff was set aside and replaced with the award of N7,500.00 only, as damages to the plaintiff for the wrongful termination of his employment by the defendant. The plaintiff being unhappy with the judgment of the Court of Appeal depriving him of the benefits of the judgment of the trial High Court in his favour, has now appealed to this court. The plaintiff who was the respondent before the Court of Appeal is now the appellant in this court while the defendant is now the respondent. The appellant’s notice of appeal filed with the leave of Court of Appeal granted on 11-6-2001, contained four grounds of appeal from which the following three issues for the determination of the appeal were formulated in the appellant’s brief of argument.

“(1) Whether the learned Justices of the Court of Appeal Benin Division were right in holding that the appellant’s appointment was effectively brought to an end on 17-5-1991 notwithstanding failure of the respondent to give notice or payment of salaries in lieu of notice.

(2) Whether in all the circumstance of this case, the proper measure of damages the appellant is entitled to, is three months salaries in lieu of three months’ notice.

(3) Whether failure of the Justices of the Court of Appeal Benin Division, to adequately consider the legal consequence of oral termination in the circumstances of this case occasioned a miscarriage of justice.”

In the respondent’s brief of argument, its learned counsel submitted only two issues for determination. They are:

“i. Was the Court of Appeal wrong in holding that the plaintiff’s employment was terminated on 17-5-1991

ii. Was the award of N7,500.00 to the plaintiff as damages for wrongful termination of the contract of employment wrong