O. A. Adeniyi V. Governing, Council, Yaba College Of Technology (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED A. DANJUMA, (Delivering the Leading Judgment)

The appellant was the Plaintiff at the High Court of Lagos State while the Respondent was the Defendant thereat.

At the High Court of Lagos State, Ikeja Division, the plaintiff had taken out a writ of summons on 1/9/2009 in suit No.ID/1555/2009 wherefore he claimed the following reliefs:-

i. “An order that by failing to pay the commuted cash for deferred annual leave on full pay, full pension and gratuity entitlements that the Defendant is in breach of contract and claimant is entitled to damages and interest.

ii. Special damages in the sum of

(a) N1,589,418 being the total commuted cash for the deferred annual leave entitlement of 565 days in full pay.

(b) N461,823.70 being the outstanding gratuity of 33 years in the service of the defendant.

(c) N10,196.21 being the outstanding monthly pension for life with effect from 15th August, 2003 till Judgment is executed.

(d) N7,000.00 leave transport allowances for period 29th October, 1985 to 16th August, 1993.

iii. Interest at the rate of 25% per annum on the sum in ii(a)(b)(d) above from the 16th July 2003 and on ii(c) above from 16th August 2003 to date of Judgment and thereafter at the rate of 10% on all (ii) above till the date of the Judgment sum is paid.

iv. N11,250 being total cost of previous court costs.

v. N500,000 being the cost of this suit.”

In accordance with the Rules and procedure applicable to the Lagos State High Court, a statement of claim, list of witnesses, statement on oath of witnesses and copies of exhibits were all filed.

At the end of the trial, the trial judge on the 23rd June, 2010 upheld the Respondent’s objection that the suit was statute barred pursuant to the limitation law of Lagos state – section 18(1) thereof which prescribes that actions for the breach of simple contracts shall be instituted within 6 years from the date of the accrual of the cause of action thereof.