- Dantata & Sawoe Const. Co. Ltd v. Ibrahim
- ₦ 200
Dantata & Sawoe Const. Co. Ltd v. Ibrahim
DANTATA & SAWOE CONSTRUCTION CO. LTD.
COURT OF APPEAL
( ABUJA DIVISION )
IBRAHIM TANKO MUHAMMAD, JCA ( Presided )
ZAINAB ADAMU BULKACHUWA, JCA (Read the Lead Judgment)
ALBERT GBADEBO ODUYEMI, JCA
9TH JANUARY, 2003
COURT - Trial court - Claim before court-Whether can award more than
claim before it
HEARING - Breach of by a court - Effect on proceedings
FAIR HEARING - Criteria and attributes of - Whether followed in the
circumstances of the instant case
JUSTICE - Demand of
PRACTICE AND PROCEDURE - Order 37, rule 9 of the High Court (Civil
Procedure) Rules of the Federal Capital Territory 1991 - Application of - Effect thereof
Whether the appellant was given a fair hearing by the
Whether the court can award relief(s) not claimed by
Whether the respondent in all the circumstances of the
suit was entitled to any damages at all.
The respondent, a former employee of the appellant, commenced
suit before the FCT High Court Abuja against the appellant whereby in suit No.
FHC/HC/CV/169/95 he claimed against the appellant the following reliefs vide the writ of summons filed on the
26th of April, 2001:
A declaration that his purported dismissal or
suspension (if any) from the employment of the defendant company is null, void
and of no effect
A declaration that the plaintiff is still in the
employment of Dantata and Sawoe Nigeria Ltd.
An order directing the defendant company to reinstate
the plaintiff to his status as a driver without prejudice to entitlements and
promotions which ought to have accrued to him during the said period and/or
payment of his salary for the said period.
Cost of this action. And in an amended statement of
claim vide paragraph 19 thereof, the
respondent further claimed against the appellant company the sum of
N1,000.00,00 (One million naira only) damages for false imprisonment and
wrongful termination of appointment.
duly filed and exchanged. The respondent adduced evidence and closed his case
on the 7/5/97. After series of adjournments and on the oral application of
counsel for the respondent, the appellantâ€™s case was closed on the 1/12/97 and
respondentâ€™s counsel addressed the court thereafter and the case was adjourned
to the 28/1/98 for judgment. Appellant filed a motion on notice on the 9/1/98
seeking for an order of extension of time within which the defendant can defend
the suit. The motion was never moved before the court and on the 12/3/98, the
lower court delivered judgment for N52,810.00 as damages against the appellant.
The appellant being aggrieved appealed to the Court of