Samuel Isheno V Julius Berger Nig. Plc (2008)

LAWGLOBAL HUB Lead Judgment Report

AKINTAN, J.S.C.

The appellant, Samuel Isheno, as plaintiff, instituted this action against the respondent as defendant at the Oleh High Court, in Oleh, Delta State. His claim, as set out in paragraph 27 of his amended Statement of Claim is as follows:

“Wherefore the plaintiff claims the following from the defendant:

(1) Malicious prosecution of the plaintiff N250,000.00

(2) Defamation of plaintiffs character N200,000.00

(3) Loss of employment for 15 years

(made up of basic salaries, overtime pay,

Sunday hour rate, rent and transport subsidy, ex-gratia payment, SAP deductions, annual leave allowance, annual bonus, Xmas bonus, leave pay etc. 194,645.00

(4) Retirement benefit 32,636.00

(5) General damages 100,000.00

776,281.00

Pleadings were filed and exchanged and the trial took place before Ogbodu, J. The plaintiff gave evidence in support of his claim at the trial while the case for the defence was presented by one Peter Enumah, Security Manager with the defendant company.

The plaintiff’s case was that he was employed by the respondent company in Warri on 18th April, 1979 as an Assistant 2 Patrolman in charge of Uzere Road project at the company’s Oleh site. He was issued with an Identity Card (exhibit A) when he was employed. His duty as an assistant patrolman involved posting guards working under him to their various beats for both day and night duties. He claimed that he served the respondent company without any blemish and was on 18th April, 1989 issued with a certificate often years long service award by the company (exhibit B).

But the trouble that led to his exit from the company’s service and eventually to the institution of this case arose over the theft of the respondent’s two Mercedes Benz Heavy Duty tipper lorries with registration Nos. LA 6540 ML and LA2878 MM valued N800,000 on 27th January, 1991 at the company’s yard at Oleh in Isoko area of Delta State. The appellant, as the head of the security men in charge of the station, immediately reported the theft to the police at Oleh police station. A search for the two missing lorries by the police eventually led to their recovery in Ibadan. The information about their recovery came from the Police who claimed that the two lorries were intercepted at the Nigerian border as they were to be driven across to Benin Republic. Some arrests were made in Ibadan where the lorries were recovered. The appellant was implicated in the statements made to the police by one of the suspects. This led to the arrest of the appellant. He was first detained by the police after his arrest and was eventually charged to court along with the other suspects with conspiracy and stealing of the two lorries.