U.t.c. (Nig) Plc V. Peters (2022)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Port Harcourt division of the Court of Appeal, delivered on Thursday 19th February, 2009 – Coram: Kudirat M. O. Kekere-Ekun, Ibrahim M. M. Saulawa, Ejembi Eko, JJCA (as they then were) all now Justices of the Supreme Court.

The respondent herein, was the Plaintiff at the trial Court. By his amended statement of claim dated 28th November, 1995, the Plaintiff claimed in paragraph 15 as follows:

(a) A declaration that the purported summary dismissal of the Plaintiff by letter dated 30th April, 1984 is wrongful and unlawful and against the laid down conditions of service and the practice in the Defendant’s company.

(b) That the Plaintiff is therefore entitled to full benefits of all his entitlements in the UTC pension fund, the National Provident Fund Contributions.

(c) An injunction to restrain the defendant from tampering with the status quo of the parties vis-a-vis entitlement prior to the date of summary dismissal letter dated 30th April, 1984.

And or in the Alternative:

​(d) The Plaintiff claims N750,000.00 as damages for the unlawful and wrongful dismissal of the Plaintiff by letter dated 30th April, 1984.

The trial Court in its considered judgment delivered on 17th November, 2000 gave judgment in favour of the respondent against the appellant.

Dissatisfied with the decision of the trial Court led to an appeal by the appellant herein to the Court below. In its judgment delivered on Thursday 19th February, 2009, the appeal succeeded in part. The judgment of the trial Court which declared the dismissal of the respondent by letter dated 30th April, 1984 wrongful was affirmed. The award of N750,000.00 as general damages in favour of the respondent was set aside. The Court below then held that the respondent was entitled to his relief (b) above in paragraph 15 of the amended Statement of Claim. However, prayer (c) of the appellant’s counter-claim succeeded and the appellant was awarded general damages in the sum of N75,000.00 for the wrongful detention of its vehicle by the respondent.

​Further dissatisfaction led to the instant appeal by the appellant on three grounds filed on 10th March, 2009 at the Court below. Pursuant to the rules of this Court, briefs of argument were filed and duly exchanged by parties. Appellant’s brief of argument was filed on 25/1/2010. Respondent’s brief of argument was filed out of time on 29/3/2010 but deemed properly filed and served on 9/11/2021, the day the appeal was heard.

In the appellant’s brief of argument, the following issues were distilled for determination of the appeal.

Issues for Determination

1. Whether or not in a master and servant relationship, declaratory reliefs are grantable for wrongful dismissal.
2. Whether or not the learned Justices of the Court of Appeal were right in dismissing the appellant’s counter-claim when the respondent did not join issues with the appellant on the claims made against the respondent in the counter-claim.

In his own brief of argument settled by Akuro R. George Esq., the respondent formulated two issues from the three grounds of appeal filed by the appellant. The said two issues are couched in the following words: