Selcon Tannery Limited V. Mr. Bala Abubakar & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice Aisha R.D. Muhammad J, of High Court of Kano State in suit No. K/246/2006, delivered on 23/07/2009. In their writ of summons the Respondents claimed against the Appellant some reliefs. And by the statement of claim dated 26th day of September 2006, the Respondents made the following claims against the appellant:

“(a) Salaries of the plaintiffs monthly salaries from and including the month of November 2005, till date at the rate of:

1. For the 1st plaintiff N26, 700.00 per month.
2. For the 2nd plaintiff N15, 700.00 per month.
3. For the 3rd plaintiff 9, 500.00 per month.

(b) Annual leave allowance for the year ending 2005 and any other subsequent year until the final determination of this case calculated at 4 weeks full paid:

1. For the 1st plaintiff N26, 700.00 per year.
2. For the 2nd plaintiff N15, 700.00 per year.
3. For the 3rd plaintiff N9, 500.00 per year.

(c) Bonus for the end of year 2005 and subsequent years until the final determination of this case…..

…….

(d) General damage in the sum of N500, 000.00 respectively for damages, injuries suffered by the plaintiff for want of payment of their salaries.

(e) Other benefits, allowances, promotion due to the plaintiffs respectively from the defendant.

(f) Cost of the action.”

Pleadings were ordered and the case went to trial. The plaintiffs/Respondents gave evidence for themselves and were cross-examined, tendered exhibits and subsequently closed their case, while the defendant/appellant called 4 witnesses and tendered one Exhibit in support of its claim and thereafter closed its case.

The learned trial judge, after hearing the evidence of both parties and also considering the exhibits before the Court, entered judgment in favour of the plaintiffs/Respondents and against the defendant/appellant. The Defendant/ Appellant, hereinafter, simply called the Appellant, being dissatisfied with the judgment of the learned trial judge, filed this appeal, via a Notice of Appeal, dated 6/8/2009, disclosing five grounds of appeal.

The Appellant’s grounds of appeal as recorded on pages 409 to 411 of the Records of Appeal were:

“GROUNDS OF APPEAL

GROUND ONE: