Rene Antoun & Anor V. Benson Oghene (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Hon. Justice E. A. Lufadeju of the Lagos State High Court delivered on the 25th day of February 2005 by which the said learned trial Judge granted all the reliefs claimed by the claimant/Respondent in his claim for specific sums for alleged breach of contract of employment by termination thereof before the attainment of the stipulated terminal age of 60 years. The Respondent who was the claimant at the lower court had taken out a writ of summons and statement of claim dated the 5th day of March, 1999 by which he claimed the following reliefs:

i) The normal entitlement upon retirement.

ii) The sum of N2.5 Million (Two Million Five hundred Thousand) Naira being the Plaintiff’s emolument up to sixty years retirement age.

iii) Damages of 1.5 Million Naira for wrongful termination of the Plaintiff’s employment.”

See pages 2 and 4 of the Record of Appeal for the Writ of Summons and the statement of claim respectively.

The 2nd Defendant filed a statement of Defence dated the 18th day of January, 2000, denying the Respondents claims. The facts of the case at the trial are succinctly put thus:

The Respondent who was an employee of the 2nd Respondent rose to the position of the Head of Bottling section after 16 years of service. He was 54 years old and due for compulsory retirement upon attaining the compulsory retirement age of 60 years. His appointment was however terminated after the service of the contractual Notice on him, when he still had 6 more years to compulsory retire from the service of the 2nd Respondent.

After the Plaintiff/Respondent had led evidence and closed his case, the learned counsel for the Appellants informed the trial court that it had no cross examination to make. It however, agree on a date for defence but failed to so appear.

(See page 139 of the record of proceedings)

Upon the non cross examination by the defendant/Appellant and entry of defence, the learned trial Judge proceeded to enter Judgment per the entirety of all the claims as made. The Judgment is contained at pages 127-142 of the Record of Appeal. Dissatisfied with the Judgment as earlier stated in this Judgment the Appellant herein filed an amended Notice of Appeal on 6/10/11 of the same date following the grant of motion for amendment granted on 29/3/07.

The initial Records of appeal was transmitted to this court by leave granted for departure from the Rules of this court on 7/3/06 and a supplementary record was also transmitted following the grant of the motion filed on 4/7/6 which was granted on the 29/3/7. Appellant relies on the Amended Notice of Appeal which was filed on 5/4/7. Upon the transmission of the records of appeal, the Appellant was granted leave for extension of time and a deeming order to file his Appellant’s Brief of Argument out of time following a motion to that effect granted on 15/10/08.

The said appellant’s Brief of argument filed on 31/5/07 was deemed filed on 15/10/08. The Appellant however relies on the Amended brief filed on 30/6/11. The Respondent on the other hand was also granted an extension of time to file and serve the Respondent’s Brief of Argument.

The Application to that effect, which was filed on 7/6/10, was granted on 8/6/10 with an order that it be filed within 14 days and specifically refusing the prayer No. 2 deeming the Respondent’s Brief of Argument already filed and served as having been properly filed and served.