CaseLaw
Power Holding Co. Vs. Offoelo (2012) CLR 12(i) (SC)
Judgement delivered on December 14th 2012
Brief
Facts
According to the amended Statement of Claim, the plaintiff at the Lagos State High Court of Justice, holden at Lagos (the trial court) is an Electrical Technologist and was employed by the defendant on 1/2/66 as an Assistant Technical Officer. He has served in various parts of the country since his employment until his last posting to Benin Zonal Office in April, 1987 as an Area Commercial Officer. The defendant, on the other hand, is a statutory Corporation engaged in the generation, G distribution and sale of electricity in Nigeria and elsewhere, with its headquarters at Marina, Lagos. The plaintiff averred that by the conditions of his employment and by virtue of his grade as a Principal Technical Officer and serving as an Undertaking Manager since 1974, he was entitled to provision of residential accommodation. The plaintiff averred that he was allocated a 3 bedroom flat at No. 155, Idowu Street, Olodi Apapa, Lagos for which, as a tenant, he was paying rent to the defendant. He averred further, that while in Benin, he was not given 'accommodation' but a routine temporary accommodation given to every staff on posting to a new area. This routine accommodation, he averred, was taken away from him by the defendant through a letter Ref NO.26/417 vol. 1/87/1554 dated 3/8/87. So, plaintiff accommodated himself in Benin while working for the defendant from August, 1987, Plaintiff averred further that sometime in 1989, he received a letter from the defendant Ref No. 201/S.9/3615/89 dared S 3 39 advising him that he was to be paying the sum of X300.00 with effect from 15 3 89 on his residential premises as economic rent and that the said sum had been deducted from his salary from March, 1989.
In his further averments, the plaintiff stated that in the first week of September, 1991, while on a routine visit to the defendants headquarters, he was orally informed by the defendant's Administrative Officer in charge of Benin Zonal Office, one Mr. Peters, that he (plaintiff) had been retired from the services of the defendant with effect from 1st September, 1991, and his salary stopped. He confirmed this from his Benin Office although no formal notification of his retirement was communicated to him and that uptill the time of filing this case, no retirement benefit or gratuity had been paid to him. As at September, 1991, plaintiff was 49 years of age and had put in a total of 26 years in the service of the defendant and that his purported retirement runs contrary to the Articles of the Civil Service Rules of the Federal Republic of Nigeria. He could not reasonably be expected to secure another good employment at age 53.
Plaintiff averred further that sometimes in January, 1994, the defendant served on his wife Ref No. NEPA/23304/ PTD/6/109/94 asking the plaintiff to vacate his residential premises at No. 155, Idowu Street, Olodi Apapa, Lagos. That since serving the said letter, the defendant had embarked on a series of visits to his residential premises asking him to vacate and threatening to throw him out without a court's order. And, on 24/6/94, the defendant's staffers numbering about 10 junior staffers led by one Mr. Okon, Principal Manager, Administration, at Ikeja Office, and a Police man came to plaintiff's premises and attempted ejecting the plaintiff but for the resistance of the members of the plaintiff's family and the timely intervention of neighbours. Plaintiff avers that the defendant has sworn to eject the plaintiff by force of self-help and that the defendant has breached the terms of employment between the plaintiff and the defendant.
The plaintiff made the following claim against the defendant:
In its Statement of Defence, the defendant, except where it specifically admitted, denied each and every statement of fact in the plaintiff's statement of claim. The defendant averred further, that as a matter of policy, the defendant is not obliged to provide residential accommodation for the plaintiff and that it was as a result of the plaintiff's refusal to vacate the defendant's quarters despite several demands at No. 155, Idowu Street, Olodi, Apapa when he was transferred to Benin that compelled the defendant to demand Economic rent in March 1989.
Other facts known to the defendant are: that the plaintiff was formally retired from the employment in 1991 as a result of re-organization and he was formally notified of his retirement by a letter dated 29th July, 1991 and by that reason, he was no longer entitled to monthly salary. That by the condition of service of the defendant, an employee can be retired after attaining the age of 45 years. That the defendant had never been in breach of terms of employment with the plaintiff and never attempted forceful ejection of the plaintiff. The defendant averred that the plaintiff is not entitled to any claim and the action be dismissed as being frivolous, vexatious and an abuse of the process of court. Finally, the defendant made a counterclaim of the sum of N150,000.00 per annum being cost for the rent and occupation of 3 bedroom flat and appurtenances at No. 155, Idowu Street, Olodi, Apapa, Lagos from 1st September, 1991 till possession is finally given up to the defendant. Defendant asked for special and general damages. Learned counsel for the plaintiff filed a reply to the Statement of Defence including his defence to the counter claim.
At the end of the proceedings, the learned trial Judge dismissed the plaintiff's claim and the defendant's counter claim. Dissatisfied, the plaintiff as appellant at the Court of Appeal Lagos Division (court below) filed his Notice of Appeal. The court below allowed his appeal and obliged him all the reliefs he claimed except relief No. 6. Dissatisfied, the defendant/respondent and appellant herein, filed its appeal to this court.