Legalpedia Citation: (2014-06) Legalpedia (SC) 16161
In the Supreme Court of Nigeria
HOLDEN AT ABUIA
Fri May 30, 2014
Suit Number: SC. 133/2004
CORAM
PARTIES
ADAMS O.IDUFUEKO APPELLANTS
1. PFIZER PRODUCTS LIMITED
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The Plaintiff/Appellant instituted an action against the Defendants/Respondents at the High Court of Lagos State claiming the sum of N2,883,727 (Two Million, Eight Hundred and Eighty Three Thousand, Seven Hundred and Twenty Seven Naira] being general and special damages arising from the unlawful termination of his employment by the Defendants/Respondents. The trial Court partly granted the reliefs sought by the Plaintiff/Appellant. Dissatisfied with the decision of the trial Court, the Plaintiff/Appellant appealed to the Court of Appeal where his appeal was dismissed thus culminating into a further appeal to the Supreme Court
HELD
Appeal dismissed
ISSUES
1. Whether the appellant has ably demonstrated sufficient reasons to set aside the concurrent findings of the two lower courts?
2. Whether the judgment of the Court of Appeal which affirmed the judgment of the trial court is flawed?
RATIONES DECIDENDI
CONCURRENT FINDINGS OF FACT – CONCURRENT FINDINGS OF FACT SHOULD NOT BE DISTURBED
“The law is well settled that this court will not interfere or disturb concurrent findings of fact by the courts below unless such findings are found to be perverse or capable of occasioning a miscarriage of justice. This principle which has been restated by this court over the years with unwavering consistency and force is founded on the logic that a trial judge is in a best position to draw inferences from primary facts. The Appellate court can reject an inference or inferences and make what it considers to be the right inferences supported by evidence –
CONTRACT – COURT SHOULD RESPECT THE AGREEMENT BY PARTIES
In determining the rights and obligations of the parties to a contract, the court must respect the sanctity of contract made by them.
EXTRINSIC EVIDENCE – EXTRINSIC EVIDENCE CANNOT BE USED TO VARY A WRITTEN CONTRACT
“Extrinsic evidence will not be given to contradict, vary, and alter the effect of a written contract”
CONTRACT – AGREEMENT FOR VARIATION OF AN EXISTING CONTRACT MUST BE PRECISE AND CLEAR
“The general rule is that an agreement for variation of an existing contract must itself posses the characteristics of a valid contract such as offer, acceptance and consideration” “
CONTRACT OF SERVICE – LENGTH OF NOTICE TO BE GIVEN IN A WRITTEN AND UNWRITTEN CONTRACTS
lt is well settled that in such relationship an employer can terminate the service of an employee at any time, giving the appropriate length of notice stipulated in the contract or such length of notice deemed by the court to be reasonable in the circumstance of the case, in the absence of any express provision for length of notice in the contract of service: see IMOLOAME v. WAEC (1992) 9NWtR (pt 265) 303 at 321.
AWARD OF DAMAGES – HOW CAN THE COURT AWARD DAMAGES WHERE TERMINATION OF CONTRACT OF EMPLOYMENT IS WRONGFUL
“The position of the law is that where the termination of a contract of service was found to have been wrongful, the measure of damages that the plaintiff could be entitled to would be the salaries for the length of time during which notice of the termination would have been given in accordance with the contract of employment. He would, in addition, be paid other legitimate entitlements due to him at the time his employment was terminated.
CONTRACT OF EMPLOYMENT – WHEN DO ELEMENTS OF UNLAWFULNESS ARISE IN A CONTRACT OF EMPLOYMENT
In a contract of employment, the element of unlawfulness arises, where in carrying out the decision to terminate the employment, the employed or employee has failed, neglected or refused to adhere to the principles laid down by statute, in a case of contract with statutory flavor, or by the terms of contract contained in the letter of employment, in ordinary contract of employment –
PERIOD OF NOTICE FOR TERMINATION OF EMPLOYMENT – COURT TO USE A REASONABLE MAN’S TEST WHERE PERIOD OF NOTICE FOR TERMINATION OF EMPLOYMENT IS NOT STATED
Where the period of notice is not stipulated in contract of employment, it behoves on the trial court to apply the test of a reasonable man to imply the period of notice that would have been adequate in the circumstances, having regard to the nature of the employment, the length of service etc. –
RAISING AN ISSUE ON APPEAL – IMPROPRIETY OF RAISING AN ISSUE NOT PRONOUNCED UPON BY THE TRIAL COURT ON APPEAL
lt is trite law that an issue which is not raised, argued and pronounced upon by a trial court, cannot be validly raised as a ground of appeal or as issue for determination before the appellate court, as such issue or argument made thereon are not competent and therefore go to no issue.
PRIVITY OF CONTRACT – ONLY PARTIES TO A CONTRACT CAN SUE AND BE SUED
In other words, only the parties to a contract can sue or be sued on the contract; a stranger to a contract can neither sue nor be sued on the contract “
ALTERNATIVE AWARD – DEFINITION OF AN ALTERNATIVE AWARD
“An alternative award is an award that can be made instead of another. It is a separate claim and a separate award. It is not claimed as an additional award. This must be avoided, otherwise it would amount to double compensation”
ALTERNATIVE AWARDS – COURT SHOULD CONSTRUE ALTERNATIVE AWARDS STRICTLY
“In law, alternative reliefs are construed distinctively and not conjunctively”
NETTING ASIDE CONCURRENT FINDING OF LAW BY LOWER COURT – SPECIAL CIRCUMSTANCES UNDER WHICH SUPREME COURT CAN INTERFER
“It is settled principle of law that the Supreme Court does not make a practice of netting aside the concurrent findings of fact by the lower courts unless there are very special circumstances such as where the findings are perverse or not supported having regard to the evidence on record or were reached as a result of applying a wrong approach to the evidence or as a result of a wrong application of a principle of substantive or procedural law –
TERMS OF CONTRACT – BINDINGNESS OF PARTIES BY TERMS OF CONTRACT
It is trite that where parties enter into a contract, they are bound by the terms thereof and the court will not allow to read into such a contract terms on which there is no agreement. In other words, the rights, duties and obligations of the parties must reasonably and lawfully be construed within the ambits of the said document –
ALTERNATIVE RELIEF – COURT SHOULD NOT GRANT ALTERNATIVE RELIEF WHERE THE MAIN RELIEF IS GRANTED
“It is trite that upon the grant of a principal relief, the court is not to consider or even look at the alternative relief –
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CONCURRENT FINDINGS OF FACT – CONCURRENT FINDINGS OF FACT SHOULD NOT BE DISTURBED
“The law is well settled that this court will not interfere or disturb concurrent findings of fact by the courts below unless such findings are found to be perverse or capable of occasioning a miscarriage of justice. This principle which has been restated by this court over the years with unwavering consistency and force is founded on the logic that a trial judge is in a best position to draw inferences from primary facts. The Appellate court can reject an inference or inferences and make what it considers to be the right inferences supported by evidence –
CONTRACT – COURT SHOULD RESPECT THE AGREEMENT BY PARTIES
In determining the rights and obligations of the parties to a contract, the court must respect the sanctity of contract made by them.
EXTRINSIC EVIDENCE – EXTRINSIC EVIDENCE CANNOT BE USED TO VARY A WRITTEN CONTRACT
“Extrinsic evidence will not be given to contradict, vary, and alter the effect of a written contract “
CONTRACT – AGREEMENT FOR VARIATION OF AN EXISTING CONTRACT MUST BE PRECISE AND CLEAR
“The general rule is that an agreement for variation of an existing contract must itself posses the characteristics of a valid contract such as offer, acceptance and consideration” “
CONTRACT OF SERVICE – LENGTH OF NOTICE TO BE GIVEN IN A WRITTEN AND UNWRITTEN CONTRACTS
lt is well settled that in such relationship an employer can terminate the service of an employee at any time, giving the appropriate length of notice stipulated in the contract or such length of notice deemed by the court to be reasonable in the circumstance of the case, in the absence of any express provision for length of notice in the contract of service: see IMOLOAME v. WAEC (1992) 9NWtR (pt 265) 303 at 321.
AWARD OF DAMAGES – HOW CAN THE COURT AWARD DAMAGES WHERE TERMINATION OF CONTRACT OF EMPLOYMENT IS WRONGFUL
“The position of the law is that where the termination of a contract of service was found to have been wrongful, the measure of damages that the plaintiff could be entitled to would be the salaries for the length of time during which notice of the termination would have been given in accordance with the contract of employment. He would, in addition, be paid other legitimate entitlements due to him at the time his employment was terminated.
CONTRACT OF EMPLOYMENT – WHEN DO ELEMENTS OF UNLAWFULNESS ARISE IN A CONTRACT OF EMPLOYMENT
In a contract of employment, the element of unlawfulness arises, where in carrying out the decision to terminate the employment, the employed or employee has failed, neglected or refused to adhere to the principles laid down by statute, in a case of contract with statutory flavor, or by the terms of contract contained in the letter of employment, in ordinary contract of employment –
PERIOD OF NOTICE FOR TERMINATION OF EMPLOYMENT – COURT TO USE A REASONABLE MAN’S TEST WHERE PERIOD OF NOTICE FOR TERMINATION OF EMPLOYMENT IS NOT STATED
Where the period of notice is not stipulated in contract of employment, it behaves on the trial court to apply the test of a reasonable man to imply the period of notice that would have been adequate in the circumstances, having regard to the nature of the employment, the length of service etc. –
RAISING AN ISSUE ON APPEAL – IMPROPRIETY OF RAISING AN ISSUE NOT PRONOUNCED UPON BY THE TRIAL COURT ON APPEAL
lt is trite law that an issue which is not raised, argued and pronounced upon by a trial court, cannot be validly raised as a ground of appeal or as issue for determination before the appellate court, as such issue or argument made thereon are not competent and therefore go to no issue.
PRIVITY OF CONTRACT – ONLY PARTIES TO A CONTRACT CAN SUE AND BE SUED
In other words, only the parties to a contract can sue or be sued on the contract; a stranger to a contract can neither sue nor be sued on the contract “
ALTERNATIVE AWARD – DEFINITION OF AN ALTERNATIVE AWARD
“An alternative award is an award that can be made instead of another. It is a separate claim and a separate award. It is not claimed as an additional award. This must be avoided, otherwise it would amount to double compensation “
ALTERNATIVE AWARDS – COURT SHOULD CONSTRUE ALTERNATIVE AWARDS STRICTLY
“In law, alternative reliefs are construed distinctively and not conjunctively “
NETTING ASIDE CONCURRENT FINDING OF LAW BY LOWER COURT – SPECIAL CIRCUMSTANCES UNDER WHICH SUPREME COURT CAN INTERFER
“It is settled principle of law that the Supreme Court does not make a practice of netting aside the concurrent findings of fact by the lower courts unless there are very special circumstances such as where the findings are perverse or not supported having regard to the evidence on record or were reached as a result of applying a wrong approach to the evidence or as a result of a wrong application of a principle of substantive or procedural law –
TERMS OF CONTRACT – BINDINGNESS OF PARTIES BY TERMS OF CONTRACT
It is trite that where parties enter into a contract, they are bound by the terms thereof and the court will not allow to read into such a contract terms on which there is no agreement. In other words, the rights, duties and obligations of the parties must reasonably and lawfully be construed within the ambits of the said document –
ALTERNATIVE RELIEF – COURT SHOULD NOT GRANT ALTERNATIVE RELIEF WHERE THE MAIN RELIEF IS GRANTED
“It is trite that upon the grant of a principal relief, the court is not to consider or even look at the alternative relief –
CASES CITED
M.C CAROLINE MAERSK & 20RS V. NOKOY INVESTMENT LTD (2002) 6SCNJ 208 At 224|AJAO V. ADEMOLA (2005) 3NWLR (Pt 913) 636 At 340|AGIDIGBI V. AGIDIGBI (1996) 6 NWLR (Pt 454) 300|KOIKI V. MAGNUSSON (1999) 8 NWLR (Pt. 615) 492|G. K. F. INVESTMENT LTD V. NIGERIA TELECOMMUNICATION PLC (2009) 13 NWLR (Pt. 1164) 344|UNION BANK NIG. LTD V. UMEH & SONS LTD (1996) 1 NWLR (Pt. 426) 565.|ABIMBOLA VS ABATAN (2011) 9 NWLR (Ft 717) 66|IRIRI V. ERTHURHOBORA (1991) 2 NWLR (Pt. 173) 252, (1991) 3 SC NJ I|NIGERIAN BOTTLING COMPANY LTD V. CONSTANCE O. NGONADI (1985) 5 SC, 317|OGBECHIE V. ONOCHIE (1988) 1 NWLR (Pt. 70) 370 At 390|Military Gov, Of Lagos State 8 4 Ors, V. Adeyiga & 6 Ors. (2012) 2SC (Pt.I) P.68|ACN V. Lamido & 4 Ors. (2012) 2SC (Pt,Ii) P.163|ENANG VS ADU (1981) 11 – 12 SC 25|IGWEGO VS EZEUGO, (1992) 6 NWLR (Pt. 249) 561|OGUNBAYO VS STATE (2007) 8 NWLR (Pt 1035) 157 At 185 – 186|ADEWOLE VS DADI (2003) 4 NWLR (Ft 810) 3fi9) 619 At 378|PILLIPS VS E. O. C. & M.D. CO. LTD (7013) 1 NWLR (Pt, 1336) 6118 At 640|HIGH GRADE SERVICE LTD V. FIRST BANK OF NIGERIA LTD (1991) 1NWLR (Pt 167) 290|AGBI & ANOR V. OGBEH & ORS. (2006) 11NWLR (Pt 990) 65 At 116|AJIBADE V. PEDRO (1992) 5 NWLR (Pt 241) 257 At Page 269|IBAMA V. SHELL (2005) 10 SC. 74 PP 75- 76|Udogwu V. OKI (1990) 5NWLR CPT 153) 721 At 736|G. K. F. INVESTMENT (NIG) LTD V. NIGERIA TELECOMMUNICATIONS PLC (2009) 13NWLR (Pt 1164) 344 Pp 377-388|CHUKWUMA V. SHELL PETROLEUM (1993) 4 NWLR (Pt 289) 512 And 539|DA ROCHA V. HUSSEIN (1958) SCNLR 280|CHUKWUMA MAKWE V. NWUKOR & ANOR (2001) 14NWLR (Pt 733) 356|CHITTY ON CONTRACTS Vol. 1 Para. 19.002 P. 961|GEIDAM V. NEPA (2001) 2NWLR (Pt 696) 45|NWAUBANI V. GOLDEN GUINEA BREWERIES PLC. (1995) 6 NWLR (Pt 400) 184 At 207|CHUKWUMA V. SHELL PETROLEUM (1993) 4NWLR (Pt 289) 512 At 560.|IMOLOAME V. WAEC (1992) 9NWLR (Pt 265) 303 At 321|IHEKWOABA V. ACB LTD (1998) 10NWLR (Pt 871) 590 At 621|KOIKI V. MAGNUSSON (1999) 8NWLR (Pt 615) 492 At 514|BABA V. N. C. A. T. C. (1991) 5 NWLR (Pt 192) 388.
STATUTES REFERRED TO