Stephen Okedion & Ors V. Federal Airport Authority of Nigeria & Anor (2007)

LawGlobal-Hub Lead Judgment Report

DALHATU ADAMU, J.C.A.

This is an appeal against the judgment of the Federal High Court sitting at Lagos (Per A. A. Gumel J. as he than was) The Appellants (as Plaintiffs) and in a representative capacity sued the Respondents at the said Court where they claimed (as per their amended statement of claim – at page 63 of the record of appeal) as follows: –

“15 WHEREOF the plaintiffs claim from the Defendants jointly and severally the followings:

(a) A DECLARATION that the Plaintiffs are entitled to their salaries and allowances having worked for the Defendants from January 1997 to October, 1999.

(b) PARTICULARS OF SPECIAL DAMAGES

(i) Payment of Ten Million, Two Hundred and thirty Four Thousand Eight Hundred and Nine Naira Fifty- Two Kobo (N10, 234,809.52K) being salaries and Allowances of 42 out of the 48 Plaintiffs herein as shown, in the above particulars.

(ii) Transportation to and from the Defendants office since October 1999 till date N100,000.00

(iii) Solicitors fees N350, 000.00

Total Special Damages N10, 648,809.52k

GENERAL DAMAGES OF N500, 00000 (to each of the Plaintiffs).”

On the above claims pleadings were duly Ordered and exchanged.

The Plaintiffs initially filed a statement of claim, which they later amended, with the leave of Court granted on 25/4/2001. The Respondents on their own part filed their statement of defence dated 31/5/1999 (See pages 20-24 of the record of Appeal). At the end of pleadings and after joining issues, the trial Court commenced hearing of the case with the plaintiffs/Appellants (hereafter called” the Appellants”) opening their case by calling two witness. They also tendered some exhibits and closed their case on the same date. The Defendants /Respondents (also hereinafter called” the Respondents”) eventually informed the Court on 8/1/2002 that they did not wish to call any witness. Thereafter the Court ordered the parties to file their written addresses which were duly filed with the Appellants filing their reply on points of law on 18/4/2002. The addresses were adopted on 28/5/2002 and the trial Court adjourned for judgment which was eventually delivered on 2/10/2002 (after several adjournments and the lapse of about 4 months from the hearing date of 28/5/2002). In the said judgment, the trial Court found that the appellants did not adduce sufficient and credible evidence to prove their claims or to warrant the grant of the reliefs they sought. At the same time the Court found that there was no any credible evidence to warrant the dismissal of the action. Consequently, the Court made a final Order of non-suit on the Appellants action.

Being dissatisfied with the judgment of the trial Court, the appellants filed their appeal against it in this Court as per their Notice of Appeal dated 22/10/2002 containing three grounds of appeal (with their particulars) – See pages 122-125 of the record of appeal. From their 3 (three) grounds, the appellants formulated the following 3 issues for determination in their brief of arguments (dated and filed on 24/1/03): –

” 3.02 Whether the Court (Federal High Court) can make an Order of non-suit where there is no provision for it in its Rules of Court.