S.O. Ntuks & Ors. V. Nigerian Ports Authority (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Hon. Justice Okechukwu Okeke of the Federal High Court of Lagos, delivered on the 27th day of July, 2009, wherein he declined jurisdiction, in respect of the Appellants’ claims, on the ground that the proper venue is the Lagos High Court, and not the Federal High Court, consequently referring the suit to the Lagos High Court for further hearing of the matter.

Before now, this matter had experienced a chequered history, as the suit in respect of it was originally commenced in 1992, by Writ of Summons No. LD/1827/92 before Honourable Justice A.R. Sahid of the Lagos High Court, on behalf of the retrenched staff of the Nigerian Ports Authority in June 1991, against the Respondent – Nigerian Ports Authority.

The learned trial Judge on the 12th of July, 1996, entered judgment in favour of the Appellants against the Respondent.

The Respondent appealed the decision, and same was dismissed on the 16th of February, 1998 by the Court of Appeal. The Appellant filed no further appeal to the Supreme Court.

In 1999, the Respondent commenced another suit in LD/1021/99 against the Appellants, and sought to set aside the judgment of A.R. Sahid J., delivered on the 12th of July, 1996 in Suit No. LD/1827/92. The Appellants raised the issue of Res Judicata, which was upheld by the learned trial judge D. F. Akinsanya J., and the suit was dismissed by him.

The Respondent appealed the decision of D.F. Akinsanya J., to the Court of Appeal, who allowed the Respondents’ appeal, and set aside the judgment of D. F. Akinsanya J. The Appellants appealed to the Supreme Court in Suit No. SC/190/2003.

On the 11th of May, 2007, the Supreme Court allowed the Appellants’ appeal, and affirmed the declaratory judgment of Sahid J., delivered on the 12th of July, 1996.

The Appellants sought to enforce the Judgment given in their favour, and consequently took out Originating Summons to service payment of their pension, gratuity, and redundancy benefit, granted them in the judgment of 12th July, 1996 against the Respondent.

The Respondent, at the Federal High Court before Hon. Justice Okechukwu Okeke, filed an objection to the Appellants’ suit, wherein it challenged the jurisdiction of the Federal High Court, on the ground that the suit ought to be filed at the Lagos High Court, and whether the Appellants Pre-Action NOTICE was valid in law. The learned trial Judge, while upholding the validity of the Appellants’ Pre-Action Notice, declined jurisdiction, because the proper forum for hearing the matter should be the Lagos High Court, and not the Federal High Court.

Dissatisfied with this decision of the 27th of July, 2009, the Appellants, in line with the Practice Direction of this Honourable Court, filed a Notice of Appeal on the 5th of August, 2009 with two Grounds of Appeal, which are that:

GROUND 1 “The Learned trial Judge erred in law when he held that the proper venue for the Appellants suit for the enforcement of the declaratory Judgment is the Lagos High Court and not the Federal High Court”.

GROUND 2 “The Learned trial Judge misdirected himself in law by failing to follow the decision of the Supreme Court in N.E.P.A. VS EDEGBENRO (2002) 12 S.C. Pt.2 Page 119 which settled the issue of jurisdiction of the Federal High Court in matters related to the Agencies of the Federal Government being under the misconception that the claims of the Appellant ought to be adjudicated upon by the State High Court which gave the Original Judgment.”

The Respondent, on the 18th of March, 2011 filed Notice of Cross-Appeal, as Cross-Appellant with a sole Ground of Appeal which is that: