Modern Oil Nigeria Limited & Anor V. Mr. Joshua Jackson George (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA DANIEL-KALIO, J.C.A (Delivering the Leading Judgment)

This appeal is in respect of a dispute over a contract of employment. The legal battle between the parties began at the Otta Division of the High Court of Ogun State in suit No.HCT/16/97. After due consideration of the matter, the trial Judge delivered his judgment on the 21st day of July, 2003.

Both parties in the case were dissatisfied with the judgment and consequently both appealed to this court.

The first party to file a Notice of Appeal was the defendants in the lower court. They filed their Notice of Appeal in August, 2003, and they will hereinafter be called the Appellants in this judgment. The Plaintiff in the lower court, who will hereinafter be called the Cross-Appellant, filed his Notice of Appeal on the 15th of September, 2003.

The case of the parties at the trial court can be summarised as follows:

The Cross-Appellant (the plaintiff in the court below) was employed by the 1st appellant (1st defendant in the court below) as an Accountant/Administrative Manager on the 6th of April, 1990. In the cross-appellant’s own estimation, he discharged the functions of his office creditably, garnering in the course of his employment, salary increments in recognition of his productivity and hard work.

Things took a different turn in December 1996 when the 2nd appellant (2nd defendant in the court below) made enquires of the cross-appellant about sales accounts and missing sales books. Although the cross-appellant responded to the enquires, he was without further hearing, handed a letter of dismissal on the 31st of December, 1996, undoubtedly, a piece of news most unwelcome, more so on the eve of a new year.

The Cross-Appellant took a second look at his letter of employment and found that it established a contract of employment that did not brook any termination of his employment and one meant to last until his retirement. On their part, the appellants felt that the employment of the cross-appellant was not a permanent one but one that was from month to month. They considered that the cross-appellant was fraudulent and negligent in the performance of his duties and that he misconducted himself by not giving satisfactory answers to a query issued to him. The appellants therefore felt entitled to summarily dismiss the Cross-Appellant.

After carefully considering the case as presented by the parties, the learned trial Judge entered judgment for the cross-appellant and ordered as follows-

“1. The dismissal of the Plaintiff from the 1st defendant company is hereby declared wrongful and unlawful;

2. N13,980 (Thirteen Thousand, Nine Hundred and Eighty Naira) damages are (sic) hereby awarded in favour of the Plaintiff against the 1st defendant;
3. The defendants’ counter-claims fail and they are hereby dismissed.”

Costs of N4,000 are awarded in favour of the Plaintiff against the defendants.”

When the appeal came up for hearing on 27/11/2012, this court drew the attention of the appellants counsel O.T. Akinbiyi Esq. to the fact that the appellants Notice of Appeal was signed by Messrs ‘Seun Akinbiyi & Co. Appellants’ Counsel however saw nothing wrong with the fact that the Notice of Appeal was signed by Messrs ‘Seun Akinbiyi & Co. He insisted that the Notice of Appeal was competent. He referred the court specifically to the pronouncement of Ogbuagu JSC in the case of Ogundele & Anor. v. Agiri & Anor. (2009) 12 SC part 1 page 135 at page 165. He asserted that he has a firm known as Seun Akinbiyi & Co. and that he is able to show that the firm is registered under the law. It is noteworthy at this juncture that the Certificate of Registration of Seun Akinbiyi & Co. with the Corporate Affairs Commission if one exists was not part of the record before us.

Undoubtedly the passage in the judgment of Ogbuagu JSC which appellants counsel placed reliance on is the following one:

“If learned counsel who appear before this court persist in this practice of signing any process of this court as & Co. without evidence of being duly registered as such, it may be obliged to disregard and discountenance such process including briefs.”