MATHEW IYEKE & ORS V PETROLEUM TRAINING INSTITUTE & ANOR (2018)

(2018) LCN/4589(SC)

In the Supreme Court of Nigeria

Thursday, July 12, 2018


Case Number: SC.176/2011

 

JUSTICES:

IBRAHIM TANKO MUHAMMAD

OLUKAYODE ARIWOOLA

KUMAI BAYANG AKAAHS

AMINA ADAMU AUGIE

SIDI DAUDA BAGE

 

APPELLANTS

1. Mathew Iyeke2. Mr. Akanbi Suleiman3. Mrs. Julie Whegbere4. Mr.Obasa Moshood Yusuf5. Mr. Okozie Uchegbulam6. Mr, Ojo Michael Akinola7. Mr.UmaruY.Omale8. Mr. Danjuma Charles9. Mrs. Anidi O. Esther10. Mr. Shuaibu O. Dauda11. Miss Blessing Archibong12. Mr. Alfred AjuyahO.13. Mrs. A. U. Edewhere14. Mr. Bamgboye John Adekunle15. Mr. Ebilete M. Chukwudi16. Mrs. Ejisun T. Ibidun17. Mr. Pallam S. Wasinya18. Miss Ogiribo Efe Dorothy 19. Mr. Aliyu Musa20. Dr. Nwosu Joseph Ifeanyi21. Mr. Michael Edeh Nwaemeka22. Mrs. Agho Funmilola lfe-Olu23. Mrs. Eremena Ahwieh24. Mr. Amos Etarewhu25. Miss Ayomagbemi T. Mercy26. Mr. Christopher OTERI.

RESPONDENTS

1. Petroleum Training Institute 2. Ministry of Petroleum Resources

COUNSELS

Femi Falana SAN (with Odiana Eriata Esq. and Olusola Egbeyinka Esq.) for the Appellants.|Onome Egbon Esq. with O. Eze for the Respondents.|

 

 

 

RATIO

MEANING OF CAUSE OF ACTION

“Now, from the authorities on the subject, “cause of action” means- i. A cause of complaint: ii. A civil right or obligation for determination by a Court of la w: iii.A dispute in respect of which a Court of law is entitled to invoke its judicial powers to determine; iv.Consequent damages; v.Every fact which would be necessary for the Plaintiff to prove, if traversed in order to support his right to the Judgment of the Court It does not comprise every piece of evidence that is necessary to be proved; vi.All those things necessary to give a right of action whether they are to be done by the Plaintiff or a third person; and vii.It is a factual situation, which enables one person to obtain a remedy from another in Court in respect of Injury. See A.G. Fed. V. ANPP (2003) 12 5CNJ 67 and Cookey V. Fombo (2005) 15NWLR (PL 947) 182SC, wherein Edozie, JSC, observed – A cause of action is the bundle or aggregate of facts, which the law will recognize as giving the Plaintiff a substantive right to make the claim for the relief or remedy being sought. Thus, the factual situation on which the Plaintiff relied to support his claim must be recognized by law as giving rise to a substantive right capable of enforcement or being claimed against the Defendant. A cause of action consists of the wrongful act of the Defendant, which gives a Plaintiff his cause of complaint, and the consequent damage – see Adesokan V. Aderegolu (1997) 3NWLR (Pt 493) 261, Aghanelo V. UBN (2000) 4 SC (Pt. 1)233and Oduntan V. Akibu (2000) 7sc (Pt. ii) 106.”

REASONABLE CAUSE OF ACTION

“A reasonable cause of action is a cause of action which, when only the facts in the Statement of Claim are considered, has some chance of success.”

STATEMENT OF CLAIM TO DISCLOSE A REASONABLE CAUSE OF ACTION

“For the said Statement of Claim to disclose a reasonable cause of action, it must set out the legal rights of the Plaintiff and obligations of the Defendant; then go on to set out facts constituting infraction of the Plaintiff’s legal right or failure of the Defendant to fulfill his obligation in such a way that if there is no proper defence, the Plaintiff will succeed in the relief that he seeks- Rinco Const. V. Veepee Ind. Ltd. (2005) 3-4 SC 1, Ibrahim V. Osim (1988) 3NWLR (Pt 82) 257 SC, Vantete V. Mohammed (2002) 5SC 1.”

DOCUMENTS ATTACHED AS EXHIBITS

“It is settled law that documents attached to an Affidavit as Exhibits, form part of the Affidavit in question – see Ezechukwu V, Onwuka (2016) LPELR-26055(SC)an& S. E. S. N. C. & Ors V. Anwara (1975) 9¬11 SC 55, wherein Fatayi-Williams. JSC (as he then was) observed: In Re Hinchcliffe (1895) 1 Ch. 117. It was held that such an Exhibit is part of the Affidavit, and any person, who is entitled to inspect the Affidavit has a right to demand inspection of the Exhibits referred to in it. In the view of Lord Herschel, LC. at 120: – They form as much part of the Affidavit as if they had been actually annexed to and filed with it.”

CAN THE COURT AWARD RELIEFS NOT CLAIMED BY A PARTY?

“It is an elementary principle of law that a Court of law cannot award to a Claimant that which he did not claim. It may award less, but not more than what the Parties have claimed – see Ekpenyong V. Nyong (1975) LPELR-(1090) SC, wherein Ibekwe, JSC. added that: A fortiori, the Court should never award that which was never claimed or pleaded by either Party. It should always be borne in mind that a Court of la w is not a charitable institution; its duty, in civil cases, is to render unto everyone according to his proven claim. In effect, the Court has a duty to only adjudicate on claims or reliefs placed before it by the Parties, and there is a difference between the pleadings, which are mere averments, and the reliefs claimed -see Alhaji Onibudo & Ors V. Alhaji Akibu & Ors (1982) 7 SC 60.”

MEANING OF THE WORD “RECRUIT”

“The word “recruit” means “to hire or enroll, or seek to hire or enroll (new employees, students, etc.)” – the freedictionary.com.”

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