Mr. V. O. Ola Jegede & Ors V. Atoki Oluwasesan (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading judgment)

This is an appeal against the decision of High Court of Justice, Ekiti State, Ado Judicial Division, delivered by Hon. Justice M. A. Agbelusi on the 18th January, 2010 in Suit No: HAD/43/2009 which gave judgment in favour of the Respondent.

The Respondent herein was the Plaintiff before the lower court and by an originating summons dated 28th April 2009 instituted an action against the Appellants as Defendants on the 4th May, 2009.

The Appellants filed a Notice of Preliminary Objection to the hearing of the suit on 12th June, 2009, on the ground that the issues involved in the originating summons are contentious. The Respondent filed a counter affidavit and after taking arguments from counsel, the learned trial judge in a considered ruling ordered the filing of pleadings.

The Respondent’s statement of Claim dated the 26th June, 2009 was filed on the 27th June, 2009 wherein the Respondent prayed for the following reliefs.

(i) A DECLARATION that the Plaintiff by his letter of appointment is appointed to the office of Deputy Speaker, Ekiti State House of Assembly.

(ii) AN ORDER of Court directing or mandating the Defendants to pay the sum of N96, 590:00 being the salary for the Plaintiff as personal Assistant to the Deputy-Speaker, Ekiti State House of Assembly for the month of March, 2009.

(iii) AN ORDER of court directing or mandating the 1st and 2nd Defendants to pay the sum N50, 000 to the Plaintiff in the following order:-

1. Christmas and New Year bonus N20, 000:00
2. Impress or office allowance for January, 2009, N16, 000:00.
3. Impress or office allowance for February, 2009 N12, 000:00.
4. Impress or office allowance for March, 2009 N12, 000:00.

(iv) AN ORDER of court directing or mandating the Defendants to pay the subsequent salaries and allowances of the Plaintiff as long as he remains in the service of Ekiti State Government.

OR ALTERNATIAVELY

(v) AN ORDER of court directing or mandating the Defendants to pay in lump sum the remaining entitlements of the Plaintiff for which he is entitled as Personal Assistant to the Deputy Speaker, Ekiti State House of Assembly within a period of four years.

The Appellants filed a Statement of Defence and a counter claim on the 9th July, 2009, which the Appellants later amended during trial on 30th September, 2009 and further amended on 15th December, 2009.

By the said further Amended Statement of Defence and Counter-Claim, the Appellants’ Counter Claim is for the following reliefs:-

(i) A DECLARATION that the Plaintiffs appointment ceased on August 1st, 2007.