Mighty Plastic Industry Limited V. Benneth Okeke (2016)

LawGlobal-Hub Lead Judgment Report

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. 

 This is an appeal against the decision of the Anambra State High Court, Onitsha Judicial Division sitting at Onitsha (hereinafter referred to as the lower Court), delivered by Hon. Justice C. E. K. Anigbogu, J. on the 10th day of October, 2006.

The action in question was commenced by the plaintiff/respondent against the appellant/defendant for wrongful termination of his employment, false imprisonment and malicious prosecution wherein the plaintiff/respondent claimed against the defendant/appellant as follows:
?Special Damages:-
(a)(i) N2,500.00 monthly salary from 1st February, 1995 to 31st May 1995… N10,000.00k.
(ii) Counsel?s professional fees… N40,000.00
(iii) 6 weeks pay for each year at N 3,750.00 per year for 14 years… N51,500.00
(iv) One month?s salary for Christmas… 1995 bonus N 3,500.00
(v) One month?s salary in lieu of notice ?.. N 2,500.00
(vi) One month?s salary in lieu of 1995 leave ? N 3,500.00
?(vii) One month?s salary as allowance

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for 1995 leave ? N 3,500.00
(viii) Hospital allowance at N200.00 per month for 14 years… N33,600.00
= N148,000.00
(b) N3,500.00 monthly salary from 1st June, 1995 until judgment in this case.
General Damages:
(a) Damages for malicious prosecution ? N2,980,000.00
(b) Loss of use of 3 plastic rubber drums of 200 litres, 140 litres and 60 litres from 11/2/95 to 11/7/96… N20,000.00

Parties duly filed and exchanged pleadings. The plaintiff/respondent called a single witness in addition to himself in his bid to prove his claim; while the defendant/appellant also called a single witness. At the close of hearing, learned counsel to both parties addressed the Court and at the end of it all, judgment was entered in favour of the plaintiff/respondent and damages awarded by the learned trial judge in the following terms:
Damages for wrongful dismissal will therefore be assessed as the lost earnings, from the date of his arrest and detention on 23/2/95 to the 11th of March 1996 that is a period of twelve months at the N2,500.00 per month, which is N30,000.00.
?On his

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claim for false imprisonment, the plaintiff is entitled to N300,000.00. He is equally entitled to his solicitor?s fees at N40,000.00 and damages for malicious prosecution N400,000.00?

The defendant/appellant being dissatisfied with this decision caused an appeal to be filed against it on the 7th day of December, 2006 vide a notice of appeal dated the 5th day of December, 2006; wherein the appellant challenged the decision on eight (8) grounds of appeal. The plaintiff/respondent shall hereinafter in this judgment be referred to as the respondent while the defendant/appellant shall be called the appellant. The grounds of appeal without their particulars are as follows:
?3.GROUNDS OF APPEAL
?1. The learned trial judge erred in law when he refused to hear and determine the application of the Defendant/Appellant for amendment of his statement of defence before proceeding to dismiss same?.
2. The learned trial judge erred in law when he found the Defendant/Appellant liable for false imprisonment when the elements of the tort of false imprisonment were neither pleaded nor proved against the

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Defendant/Appellant.?
?3. The learned trial judge misdirected himself in law when he wrongly placed the burden of proving some elements of false imprisonment on the Defendant/Appellant instead of the Plaintiff/Respondent.?
?4. The learned trial judge erred in law when he held the Defendant/Appellant liable for malicious prosecution and awarded damages against him when the Plaintiff/Respondent failed to prove the elements of malicious prosecution.?
?5. The learned trial judge erred in law when he held as follows: ?The ruling of that Court to my understanding amounted to an acquittal of the complainant did not go to Court to prove the case against the accused who is plaintiff in the present suit.?
?6. The learned trial judge erred in law when he relied on the case of Garba v. University of Maiduguri (1986) 1 NWLR (Pt. 18) 558 to hold the Defendant/Appellant liable for wrongful dismissal of the Plaintiff/Respondent when there was no evidence of wrongful dismissal.?
?7. The learned trial judge erred in law when he awarded special damages against the Defendant/Appellant when

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same was not proved as required by law.?
?8. The judgment is against the weight of evidence.?

In this Court, the learned counsel to both parties filed their respective briefs of argument. The appellant?s brief of argument was prepared by A. O. Odum Esq. It was filed on the 14th day of April, 2014. The respondent?s brief of argument, on the other hand, was prepared by Chief H. B. Onyekwelu. It was filed on the 6th day of February, 2014. It was thereafter deemed as having been properly filed and duly served with the leave of this Court sought and granted on the 14th day of April, 2014.