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CaseLaw

Oforishe V. Nigerian Gas Company Ltd (2017) CLR 6(h) (SC)

Judgement delivered on June 23rd 2017

Brief

  • Terms of contract – Bindingness of
  • Contracts with Statutory Flavour and without
  • Termination of contract
  • Pleadings
  • Address of Counsel
  • Fresh Points on Appeal
  • Main and Alternative claims
  • Condition of Service

Facts

This is an appeal from the Court of Appeal (Benin Division) in which the judgment of a Delta State High Court, (Effurun) on appeal was allowed.

The appellant as plaintiff sued the respondent as the defendant on a writ of Summons and amended Statement of claim for:

  • 1
    A declaration that the purported termination of plaintiff's contract of service from the defendant which said decision was taken by the Board of Directors of defendant at Ekpan within the jurisdiction of this Hon. Court and which said decision was communicated to plaintiff vide letter of Termination of Appointment Ref. No. NCC/APD/WR37 dated 18 December, 1991 is null, void and of no effect whatsoever in that the same is contrary to and inconsistent with plaintiffs contract of service with the Defendant and a contravention of plaintiff's fundamental right to fair hearing.
  • 2
    A declaration that the termination of plaintiff's appointment from the service of the defendant was based on the report of the Panel of investigation set up in respect of the incident at WOD office, Ughelli.
  • 3
    . An Order of perpetual injunction restraining the defendants by themselves, all officers servants and/or agents from giving effect to and/or acting on the purported letter of termination and for the defendant to reinstate plaintiff unto his position of employment and payment thereof of all arrears of salaries, allowances and benefits attached to the said post before the purported termination.

IN THE ALTERNATIVE An order compelling the defendant to pay all plaintiff's salaries, retirement benefits and allowances as stated above from the date of alleged termination till December, 2004 when plaintiff would have retired from the services of defendant at the age of 60 years at the current salary structure and allowances operating in the defendant."

A further amended statement of defence was filed on 7 June 1995. Trial commenced on 3 May, 1995. The plaintiff gave evidence and closed his case on 8 March 1996. In a considered judgment delivered on 9 October, 1997, the learned trial judge gave judgment in favour of the plaintiff and against the defendant. The Court found that the termination of the appellant was unlawful and granted the main relief. The alternative prayers were not considered.

Dissatisfied with the judgment of the trial High Court, the respondent as appellant lodged an appeal. The appeal was heard by the Benin Division of the Court of Appeal. That Court in a well considered judgment upset the judgment of the trial High Court and dismissed the appellant's claim, holding that the termination of the appellant's appointment was in the terms of contract. This appeal is against that judgment.

Issues

  • 1
    Whether the termination of the plaintiff's employment by the defendant is lawful...

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