Raphael C. Uzoho V. Task Force on Hospital Management & Ors (2003)

LawGlobal-Hub Lead Judgment Report

DAVID ADEDOYIN ADENIJI, J.C.A.

This is an appeal against the decision of Maranzu, J. of the Imo State High Court sitting at Owerri, delivered on 13th May, 1996.

The learned trial Judge dismissed the appellant’s claim.

The claim of the appellant in the court below was for:

“(a) A declaration that the purported dismissal of the plaintiff from his employment as a radiographer with the General Hospital, Owerri and the consequential directive that the plaintiff shall refund the sum of N165.00 to the 2nd defendant in this suit are void.

(b) The sum of N100,000,00 (One hundred thousand Naira) damages for wrongful dismissal and loss of earnings.”

The appellant being dissatisfied with the lower court’s decision appealed against same, filing three grounds of appeal. At the hearing of the appeal, the appellant distilled 2 issues from the three grounds of appeal filed for determination. These are:

“(a) Whether the trial court misplaced the burden of proof of the material facts at the trial.

(b) Whether the appellant is entitled to the declaration which he sought at the trial.”

In response, the respondents’ counsel also formulated one issue for determination by this court arguing that the issues as formulated by the appellant’s counsel did not represent the real issues at stake in this appeal. The issue formulated by the learned defence counsel therefore reads:

“Whether having regard to the quantum and quality of evidence led in the trial of this case before the lower court and the nature of the appellant’s claims, whether the trial Judge was not light in dismissing the appellant’s claims for his inability to prove same.”

The facts of this case are that the appellant was a radiographer then in the service of the Hospital Management Board of Imo State under the supervision of the Imo State Ministry of Health.

The appellant’s appointment was terminated on 22/3/88 on the allegation that he collected sums amounting to N16.00 from some students that came to the place to have x-ray. A task force on hospital management (1st respondents) was charged with the responsibility of looking into the allegation against the appellant and other officers in the board affected by the said allegation. On the conclusion of its task, the task force made recommendations to the Health Ministry leading to exhibit A, the letter of dismissal of the appointment of the appellant from service. The appellant then sued all the four respondents in this case to the State High Court for the reliefs claimed and reproduced supra. The case went into full trial but the appellant was not happy with the court’s conclusion, hence, this appeal.

In arguing the appeal, the learned counsel for the appellant adopted the issues as framed by him and submitted on issue No. 1, that it was wrong for the learned trial Judge to harp on the failure of the appellant to produce the statute which governs the Hospitals Management Board, that is, 2nd respondent and the proceedings at the task force venue of the case against the appellant, whereby the court invoked provision of section 149(d) of the Evidence Act against the interest of the appellant. He referred to evidence on page 83 lines 30-31 through page 84 lines 1-2 of page 84. Lines 28-31 and page 85 lines 1-6.