Wilfred Igbinovia V. University of Benin Teaching Hospital & Anor (2000)

LawGlobal-Hub Lead Judgment Report

ROWLAND, J.C.A.

This appeal is from a judgment of Idahosa, J. of the Edo State High Court holden in Benin in Suit No.B/159/89 given on 26th November, 1997.

The plaintiff in the court below claimed against the defendants in his amended statement of claim the following reliefs:-

(1) A declaration that the plaintiff’s purported dismissal as a staff of the University of Benin Teaching Hospital in accordance with a letter of purported dismissal reference No. PS/2816/Vol.II/41 of 7th April, 1989, for an alleged criminal offence in which he was never charged to and tried by a Court of Law is unconstitutional, illegal, wrongful, null and void.

(2) An order of reinstatement of the plaintiff as stores officer with all its rights duties, privileges, remunerations, allowances and all other perquisites of the office with effect from 7th April, 1989.

(3) An order of perpetual injunction restraining the defendants, their servants and/or agents from preventing the plaintiff from performing any of the functions and duties of his office or interfering with the enjoyment of the rights, privileges and benefits attached to his office.

OR

The sum of N800,000 as general damages for unlawful dismissal.”

Pleadings were filed and duly exchanged. Both parties later amended their pleadings. At the trial, the appellant testified and called no witness. The respondents did not call any witness but rested their case on that of the appellant. Many exhibits were tendered with the consent of counsel at the trial. At the close of the case, learned counsel to the parties addressed the court and judgment was subsequently delivered on 26th of November, 1997. In his judgment, the learned trial Judge considered only one point urged upon him my learned counsel to the respondents, to wit, that the failure of the appellant to tender his letter of appointment is fatal to his case. The learned trial Judge was of the opinion that this point was sufficient to dispose of the entire suit and therefore declined to consider all the other points raised by the learned counsel to the parties. Dissatisfied with the judgment of the learned trial Judge, the plaintiff has appealed to this court.

The Notice of Appeal contains three grounds of appeal. It reads:-

Grounds of Appeal

“(1) The learned trial judge erred in law in holding that the failure of the plaintiff to tender his letter of employment was fatal to his case.

Particulars of Errors

(a) The parties did not join issues in their pleading on the employment of the plaintiff by the defendants.