Omonofewo Francis Onoita V. Texaco Nigeria PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Lagos State delivered by Hon. Justice O. A. Taiwo on the 8th of June, 2010.

The suit was commenced on 12th December, 2002 by Mr. Simeon Onoita who upon his death was substituted with his son Mr. Omonofewo Francis Onoita (the current Appellant). By an Amended writ of summons together with an Amended Statement of claim dated 28th April, 2009, the Claimant now Appellant claimed against the Defendant now Respondent as follows:-

1. One hundred million naira from the defendants as general damages for denying him his wages, salaries and allowances, retirement benefits and gratuity duly earned by him which have now occasioned him untold hardships.

?2. Special damages by way of plaintiff salaries from July 1, 1994 – December 31st, 1995, allowances due to Claimant from July 1, 1994 – December 31st, 1995 end of service benefits/Pensions, savings, Company provident funds, gratuity and 25 years’ service award.

?The Defendant now Respondent also filed an Amended Statement of Defence dated 3rd March, 2006 thereby joining

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issues with the Appellant. The matter proceeded to trial.

At the trial, the Appellant testified for himself and called no other witness and Exhibits A to E were tendered and admitted. The Respondent called one witness and tendered Exhibits DF1 to DF15. At the conclusion of trial, learned counsel to the parties filed and exchanged their written addresses, as was ordered by the learned trial judge.

In a considered judgment, the learned trial Judge held as follows:

“…. after a careful evaluation of the evidence, it is my humble view that the Claimant has failed to prove his case sufficiently to entitle him to judgment. The claims of the Claimant are hereby dismissed with N20,000.00 cost to Defendant.”

?It was the case of the Appellant that he was employed by the Respondent on the 1st of March, 1970 with Staff Code No. 0036. He had been in the employment of the respondent from 1970 till his retirement on December 1995. He contended that between 1970 and 1995 he earned several promotions in the employment of the Respondent. The last being the position of Aviation Supervisor 3 in January 1984 at its aviation facility, Kano which he held

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until he was replaced in June 1994. He contended that by the directive of the General Operations Manager (One Mr. J. M. Shields) he reported for duty at the Respondent’s Regional Office in Kano till his retirement. He contended that he was never queried or confronted with any issue of financial malpractice by the Respondent and that his record at the company was impeccable. However, from 1st July, 1994 to 31st December, 1995 the Respondent had not paid his salaries, allowances, additional payment to all staff nor did the Respondent pay his end of service benefits, provident fund, gratuity or 25 years’ service award.

On the other hand the Respondent’s case was that the Appellant did not retire as claimed but was dismissed in June, 1994, The Respondent contended that the Appellant’s dismissal was determined from the decision of the investigative panel set up by the Respondent.