From Noah Ebije, Kaduna
In their bid to reclaim salaries and allowances allegedly owed them by the management of the now demolished Durbar hotel, about 300 former staff of the hotel on Friday lost the quest at the court of Appeal, Kaduna.
In 1999, about 300 former staff of Durbar hotel, Kaduna took the management of the hotel to court, asking for outstanding salaries and allowances.
The matter was instituted at the High court of justice of Kaduna State and it dragged till 2018 when the court awarded the sum of N220 million being salaries and allowances of the ex-workers up to the date of judgment.
The court also went further to award the sum of N50 million as exemplary damages against Durbar hotel.
Apparently aggrieved by the decision of the lower court of justice delivered by Justice Esther Lolo, the Counsel to the management of Durbar hotel, Mr. Reuben Atabo filed an appeal at the court of Appeal, Kaduna Division in 2018.
However, delivering judgement on Friday at the Court of Appeal, the presiding Judge, Justice Daniel Kalu set aside the awarded N220 million by the lower court.
Justice Kalu held that the award of allowances and salaries up to the date of judgement were special damages and that special damages needed to be proved, which also were not pleaded by the Respondents.
Meanwhile, Mr. Atabo explained to reporters shortly after Friday judgement, “In 1999 About 300 formal staff of Durbar hotel PLC Kaduna took Durbar hotel to court. The matter was instituted at the high court of justice of Kaduna state and the matter was assigned to Honourable Justice Esther Lolo on November 8, 2018. In a considered judgement Honourable Justice Lolo granted some of the relieves of the plaintiff to wit, she awarded the sum of 220 million being salaries and allowances of the plaintiff up to the date of judgment, she went further to award the sum of 50 million Naira as exemplary damages against Durbar hotel.
“Aggrieved by the decision of the high court of justice delivered by Honourable Justice Esther Lolo I was instructed by Board of Directors of Durbar hotel to file an Appeal at court of Appeal Kaduna division.
“Consequently on November 9, 2018 , I lodged an Appeal containing six grants of an Appeal at the court of Appeal , the Appeal came up for hearing on the 13 day of October 2020 at the court of Appeal, the court of Appeal had the Appeal and reserved the Judgement.
“About three days ago (Wednesday), we received a phone call that the Judgment is ready and it will be delivered on the 4th day of December 2020.
“We are in court of Appeal this morning (Friday) presided over by Honorable Justice Daniel Kalu and in a landmark judgment the award of N220 million by lower court was set aside.
“The Honourable Justice of the court of Appeal held that the award of allowances and salaries up to the date of judgement are special damages and special damages needs to be Proved. and looking and pleadings of the Respondent there is no where it was specifically pleaded those allowances and salaries.
“Secondly, he went further to say even from the phase value the plaintiff said about 300 staff of durbar hotel; the number of staff that went to court was not even known and courts are not father Christmas and cannot work on speculations, and to that extent the award of 220 million against Durbar hotel by Honorable Justice Lolo was set aside.
“The court went further to hold that the award of damages in the sum of N50 million by learned trial Judge Justice Lolo of high court of justice of Kaduna was done in error and it was a violation of law, that it amounted to double compensation that since Honourable Justice Lolo has awarded N220million as salaries and allowances in favour of the staff of Durbar hotel , it ought not to have proceeded to award N50 million, so to that extent he set aside the Judgement of the lower court, he allowed the Appeal to set aside the Judgement of the lower court.
“The third issues that was raised by the determinations of the court was whether the continuation of hearing of the matter by Honorable Justice Lolo was justified, in in view of section 11 of the National industrial Act laws of the Federation of Nigeria as well as section 254 (C) of 1999 constitution as amended, the court of Appeal went ahead that section 11 of National industrial Act is in composition of 1999 constitution, to that extent the court of Appeal nullifies the national industrial Act, this is the Judgement of the court of Appeal.
“In summary the Judgement of the lower court in awarding N220million as well as 50 million, that is, N270 million against Durbar hotel was set aside , no cost was awarded”.