Shell Petroleum Development Co. Nig. Limited V. Mr. F.o. Emehuru (2006)

LawGlobal-Hub Lead Judgment Report

THOMAS, J.C.A.

This is an appeal by the defendant/appellant against the part judgment in suit No. PHC/1058/98 delivered on 17th June, 2002 by the Hon. Chief Judge of Rivers State. The plaintiff/respondent at the lower court by his writ of summons and the amended statement of claim as shown in the record of appeal at pages 1- 3 and 13 – 20 respectively are as follows:

“Wherefore the plaintiff claims against the defendants as follows:

(a) A declaration that the purported termination of the appointment of the plaintiff by or through an independent contractor not being his employer is null, void and of no effect whatsoever.

(b) A declaration that the plaintiff is still in the employment of the defendant his employment having not been validly terminated through a 3rd party.

(c) An order directing the defendant to re-instate the plaintiff to his status or position as a servant of the defendant without prejudice to entitlements and promotions which might have accrued to him during the period of the purported termination.

Alternatively

N1,000,000.00 (One million Naira) as special and general damages for wrongful termination of the plaintiff’s appointment in so far as the same was purportedly:

1) Carried out through a 3rd party not privy to the contract between the plaintiff and the defendant and

2) Based upon an unsubstantiated allegation of commission of criminal offence by the plaintiff who was never prosecuted at all in any court of law.

Particulars of damages

A. Special damages:

a) N4,100.00 per month until judgment is delivered in this case.

b) N10,000.00 already earned overtime payment from January to June 1994.