Judgment
YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment) : This appeal is against the decision of the National Industrial Court sitting in Makurdi and delivered by HON. JUSTICE S. H. DANJIDDA, J. on 4th February, 2020 wherein the lower Court entered judgment in favour of the Appellant, however, the Court refused to grant relief 15 which is the claim for payment of entitlements, promotion, salaries, allowances, general damages and some other reliefs without advancing any reasons.
The Appellant dissatisfied with the decision, filed a Notice of Appeal on the 16th day of February, 2021 setting out 2 grounds of Appeal. Facts leading to this appeal are straight forward and amenable to brief summary. The Appellant was Claimant at the trial Court, the National Industrial Court of Nigeria sitting in Makurdi before which he claimed declaratory, injunctive and monetary reliefs against the Respondent relating to his employment and unjustified dismissal from the services of the Respondent.
The Appellant by his Amended Claim sought for the payment of entitlement, promotion, salaries, allowances, general damages and post-judgment interest. Parties joined issues, the matter proceeded to hearing, the Appellant testified for himself and tendered Exhibits AAM-01, AAM-02 and AAM-03, AAM-04 to AAM32, AAM32A1-AAM32, A29, AAM33 to 39 while the Respondents called 2 witnesses and tendered Exhibit SMU1A.
At the end, the trial Court partly entered judgment in favour of the Appellant by nullifying the dismissal Order and ordered the reinstatement of the Appellant but refused to award the monetary and some other declaratory reliefs without advancing any reasons thereof. The Appellant aggrieved with part of the said judgment brought the instant appeal. Pursuant to the Rules of the Court, the parties filed and exchange their briefs which were adopted at the hearing of the appeal. The Appellant’s brief settled by OCHA P. ULEGEDE, ESQ., is dated 6th day of March, 2021 filed on 8th of March, 2021.
The Appellant distilled 2 issues for determination as follows: 1. Whether the learned trial Judge was right when he refused the Appellant’s relief for payment of Appellant’s entitlements of promotions, salaries and allowances in the circumstances of the case. (Distilled from ground 1). 2. Whether the learned trial Judge erred in law in not making any finding on reliefs 14 and 15 which the Appellant sought before the Court and in the circumstances of the case. (Distilled from ground 2). The Respondent’s Brief settled by S.D.
