Mr. Philip Shagbaa Igbadoo & Ors v. Keystone Bank Ltd (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the National Industrial Court of Nigeria Makurdi Division, Coram: Waziri Abaili, J, in suit No. NICN/MKD/02/2013: Mr. Philip Shagbaa Igbadoo & Anor. v. Keystone Bank Ltd. (formerly carrying on her banking business under the name and style of Bank PHB Plc.) delivered on 21/5/2015, in which some of the claims of the appellants as claimants against the respondent as defendant were granted.

The appellants were dissatisfied with part of the said judgment and had with the leave of this court appealed against that part of the judgment vide their notice of appeal filed on 1/4/2022 on four grounds of appeal. See pages 344 – 348 of the record of appeal.

The record of appeal was compiled and transmitted to this court on 12/5/2022. The additional record of appeal was compiled and transmitted to this court on 14/11/2022 and deemed as properly transmitted on 15/11/2022. The parties filed and exchanged their briefs, which were adopted as their arguments at the hearing of this appeal on 28/3/2023.

The appellants were represented by S. O. Okpale, Esq. appearing with K. U. Iorkpo, Esq. and J. U. Ezeoka for Esq. The respondent was represented by M. O. Ozueh, Esq. appearing with F.T. Adingi, Esq.

By a complaint filed on 9/1/2013 and in paragraph 19 of their statement of Facts before the lower court, the appellants as claimants claimed against the respondent as defendant the following relies, to wit:

1. The 1st claimant the total sum of N33,362,014.10 as per paragraph 13 hereof plus interest thereon at the rate of 50% from the date of judgment until same is finally liquidated.
2. The 2nd claimant the total sum of N42,739,022.90 as per paragraph 14 hereof plus interest thereon at the rate of 50% from the date of judgment until same is liquidated.
3. The claimants each claims the sum of N10,000,000.00 as general damages for breach of contract and financial pains and lost, that is the total of N20,000,000.00.
4. The claimants claim such other consequential and or equitable relief as the court may deem fit to make in the circumstance of this case. See pages 3 – 8 of the record of appeal.

Succinct statement of facts

From the averments in the pleadings and the evidence, both oral and documentary led as in the record of appeal, the case of the appellant as claimant before the lower court inter alia was that they were employees of the respondent, whose salaries and allowances as stated in their employment letters were subsequently reviewed upward.

However, during the pendency of the employment they were paid sums lesser than the agreed salaries and the upward reviews, the cumulative balance of which they had approached the lower court to claim upon the determination of their employments seeking for the payment of the balance of their unpaid allowances and salaries while they were in the employees of the respondent.

They also claimed post-judgment interest of 50% from the date of the judgment and general damages in the sum of N10,000,000.00 each. See pages 3 – 9 of the record of appeal.

From the averments in the pleadings and the evidence, both oral and documentary led as in the record of appeal, the case of the respondent as defendant before the lower court inter alia was that the appellants were never its employees but were employees of another company who made them available to work for the respondent upon terms agreed by the respondent and the company.

The appellants were therefore, it was alleged not entitled to any or all of the reliefs claimed by them against the respondents. See pages 82 – 90 of the record of appeal.

At the close of pleadings and on the joinder of issues between the parties, the matter proceeded to trial. The appellants testified on their behalf as CW1 and CW2 respectively. CW1, was the 1st appellant. He adopted his statement on Oath as his evidence in chief and was cross-examined. See pages 285 – 293 of the record of appeal. CW2, was the 2nd appellant. She adopted her statement on Oath as her evidence in chief and was cross-examined. See pages 293 – 296 of the record of appeal.

In its defense, the respondent called one witness who testified as DW1. DW1, was one Ogbebor Fransica Chinyere. She adopted her statement on Oath as her evidence-in-chief and was cross – examined. See pages 300 – 310 of the record of appeal. At the conclusion of trial, the parties filed and exchanged their final written addresses, which were subsequently adopted by them and on 21/5/2015, the lower court delivered its judgment, it which it found for the appellants as claimants against the respondent as defendant, and made the following orders, namely;