West African Examination Council V. Mr. A.e. Umeakuka (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDULKADIR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Enugu Per Olatoregun, J. delivered on the 13th day of May 2003.

The facts leading to this appeal are stated thus:-

The Respondent in this appeal was a staff of the Appellant. His appointment was terminated by the Appellant by its letter dated 21st May 1997 (sic) with effect from April 1997. The Appellant sued for some of his terminal benefits which he claimed he was entitled to all contained in paragraph 12 of his Statement of Claim. The Statement of Claim is at pages 4 to 6 of the records and includes a declaration that he was entitled to payment of monthly pension, housing scheme contributions, medical allowance for 1997, N161, 910 as gratuity due and payable and 10% interest. The trial court entered judgment partly in favour of the Plaintiff/Respondent in paragraph 12 (a) to (g). Sub-paragraphs (a) and (b) are items of declaratory reliefs while sub-paragraphs (c), (d), (f) and (g) contained items of special damages.

The case of the Plaintiff at the lower court was that he was a staff of the Appellant and after sixteen years of serving the Appellant, he resigned voluntarily from the services of the Appellant. He tendered exhibit “A” which was his letter of employment, exhibit “B” which was letter of promotion, exhibit “C” which was his letter of award of annual increment. Also tendered are exhibits “D” – “F”. It was also his case that the Appellant on receipt of his resignation letter terminated his appointment without paying him his entitlements.

The case of the Appellant on the other hand was that the Respondent’s appointment was terminated on the basis of some fraudulent criminal acts which do not qualify him to the payment of pension or gratuity or to any entitlement under any law or regulation in force.

Dissatisfied with the judgment of the lower court, the Appellant appealed to this Court vide its Notice of Appeal dated 20th day of August, 2003 and filed on 21st day of August, 2003 containing three grounds of appeal.

The appeal was entertained on the 3/10/2012. In accordance with the Rules of this Court, the parties filed and exchanged Briefs of Argument. Counsel to the Appellant Mrs. D.I. Uwakwe informed the Court that the Appellant’s brief of argument is dated and filed on the 28/6/05 that they also filed a Reply Brief dated 27/11/08 and filed on 28/11/08. Counsel adopts the two briefs of argument and urged the Court to allow the appeal and set aside the judgment of the lower court. Counsel to the Respondent Mr. P.C. Udeorah states that the Respondent’s brief of argument is dated 10/3/08 and deemed filed on 12/11/08. Counsel adopts the brief and urged the Court to dismiss the appeal and uphold the judgment of the lower court.

Learned counsel to the Appellant formulated three issues for determination in this appeal, the issues are stated thus:-

1. Whether from the evidence adduced and findings of the trial court the Plaintiff/Respondent was entitled as held by the court to payment of his gratuity.
2. Whether from the evidence adduced and the findings of the trial court the Plaintiff/Respondent was entitled to as held by the court to payment of pension based on the pensionable scheme of the Defendants/Appellants.
3. Whether from the evidence adduced and the findings of the trial court the Plaintiff/Respondent was entitled to arrears of monthly pension calculable from May 1997.

The Respondent formulated a lone issue for determination and the issue is stated as follows:-

“Whether the Plaintiff/Respondent has made out a case for the declaratory reliefs which he sought and which was awarded in his favour by the lower court.”

I have considered the totality of the Appellant’s appeal and I am of the view that the issue as formulated by the Respondent clearly captured the essence of this appeal; accordingly it would be adopted in the determination of this appeal.

In his submissions in respect of the issue before the court for determination counsel to the Appellant submits that they entirely agree with the learned trial judge when he asserted that all the Plaintiff’s specific head of claim falls under special damages, counsel also agrees entirely with the trial judge that special damages must be strictly proved. Counsel argues that the trial court in its judgment found as a fact that the Plaintiff/Respondent had woefully failed to establish or prove his claim of gratuity, that having found that the Plaintiff/Respondent failed woefully to prove this item of special damage the court ought to dismiss same counsel referred to –

ADEDEJI AND SONS MOTORS NIG. LTD. V. CHIEF ROBERT OGBOZE IMEH (1996) 8 NWLR (PT.405) 240 at 247; WARNER AND WARNER INTERNATIONAL ASSOCIATES NIG. LTD. V. FEDERAL HOUSING AUTHORITY (1993) 7 SCNJ (PT.1) 1 at 30; BADMUS AND ANOR. V. ABEGUNDE (1999) 7 SC (PT. 1) 78 at 81.