Most Rev. Alfred A. Martins And Others V. Mrs. Catherine Kolawole (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading judgment)

The High court of Justice of Ogun state holden at the Abeokuta Judicial Division pronounced judgment against appellants in favour of respondent granting the latter the reliefs sought by her in paragraph 44 of the amended statement of claim in this vein:

“44. WHEREOF the plaintiff claims as per the Amended Writ of Summons as follows:-

(‘ 1) A declaration that the Resolution of the Board of Management of Sacred Heart Hospital. Abeokuta passed at its meeting of 22nd March, 1979 is binding on the defendants.

(2) An order that the Pensions and Gratuities payable to the plaintiff shall be in accordance with current government regulations.

(3) A declaration that the removal of the plaintiff from the services of the defendants with effect from the 1st day of January, 1997 by the defendants letter dated 20 December 1996 is wrongful, null, void and of no effect in that the plaintiff had given to the defendants the requisite three months notice of retirement on 26/11/96 prior to the letter of removal of 28/12/96.

(4) A declaration that the removal of the plaintiff from the service of the defendants with effect from the 1st day of January, 1997 in accordance with regulation 12.9 (a) of the Terms and conditions of Service of Employees of the Hospital is wrongful, void and of no effect in that the Booklet containing the said Terms and Conditions were served on the plaintiff on 23/12/96 and the plaintiff did not consent to be bound by the said Terms and Conditions.

(5) A declaration that the removal of the plaintiff from the services of the defendants with effect from the 1st day of January, 1997 in , accordance with regulation 12.9 (a) aforesaid is wrongful as it is an act of victimization as a result of the role played by the plaintiff during the December, 1996 industrial crisis.

(6) An order directing the defendants to pay to the plaintiff any balance of her gratuity and monthly pension due to her in 1997 when she retired and thereafter her pension both based on the current Pension Law and Government Regulations.

(7) An order directing the defendants to pay to the plaintiff the sum of N16, 216.32 representing damages suffered by the plaintiff as a result of her wrongful removal from the service of the defendants.”

Hence this appeal.

After pleadings were filed and delivered, both disputants tendered oral and documentary evidence. The evidence disclosed in a nutshell that respondent had worked for close to 29 years as a staff mid-wife under appellants representing the Board of Management of Sacred Heart Hospital, Lantoro – Abeokuta, before she put in notice of retirement from service to run for 3 months commencing on 26.11.1996, and terminating on 28.2.1997.

Respondent was later paid N144, 501.23 by appellants as her terminal benefits. Her monthly pension as at 1997 was calculated by appellants to be N2, 710.91. Appellants discovered a mistake in the computation of respondent’s record of service and made the necessary rectification realizing a shortfall of N5, 899.23. A cheque reflecting the shortfall was sent by appellants to respondent. The latter rejected it and demanded for payment of her gratuity and pension based on the enhanced scale for public officers under the Pensions Act. Appellants did not accept respondent’s stand. The legal battle line was drawn between them. The court below heard their respective assertions and the final addresses of their respective learned counsel before it handed down the judgment, subject-matter of the appeal.

Appellants’ notice of appeal contained nine grounds of appeal from which four issues were extracted for determination on the appeal from the skillfully prepared brief of argument by prince Adesemowo, of learned counsel; and, for convenience, the said issues are copied below: