Hon. Justice Zaynab Bashir of the Portharcourt Judicial Division of the National Industrial Court has dismissed the application for summary judgment filed by Mr. Donatus Wokpe against the University of Port-Harcourt Teaching Hospital for lacking merit.
The Court held that the University of Port-Harcourt Teaching Hospital has a good defence to the case to warrant the refusal of the reliefs sought by Mr. Donatus, and granted the leave to the University of Port-Harcourt Teaching Hospital to defend the suit in line with the provision of the National Industrial Court (Civil Procedure) Rules 2017.
From facts, the Claimant- Mr. Donatus Wokpe had sought for an order of the Court entering summary judgment in his favour for the Sum of = N35, 259, 828.37. (Thirty-five million, Two Hundred and Fifty-Nine Thousand, Eight Hundred and Twenty Eight Naira, and Thirty-Seven Kobo) being and representing the defendant’s outstanding indebtedness for his outstanding salaries and allowances from the University of Port-Harcourt Teaching Hospital covering December 22, 1988 to August, 31st 2018 when Mr. Donatus was by operation of law deemed to have retired from the public service.
Mr. Donatus submitted that he got judgment against the University of Port-Harcourt Teaching Hospital, and the defendant has made part payment of N603, 228.19 (Six Hundred and Three Thousand, Two Hundred and Twenty -Eight Naira, Nineteen Kobo) without full payment thereof.
In defence, the defendant- University of Port-Harcourt Teaching Hospital argued that the Rules of the Court permits a willing Defendant, who intends to defend an action, commenced via the summary judgment procedure, so that a party with a genuine defence can be allowed to present his case, even in the face of an application for summary judgment as in the instant case without being necessarily shut out of the matter.
Counsel to the University of Port-Harcourt Teaching Hospital, E. A. Anika maintained that the University of Port-Harcourt Teaching Hospital has complied with the judgment of the court in making the payment of N603,228.19 (Six Hundred and Three Thousand Two Hundred and Twenty-Eight Naira, Nineteen Kobo) representing full and final payment of the Mr. Donatus’s salaries and allowances from 22nd December 1988 to August 2018.
Counsel further contended that it was not the responsibility of his client to pay for the gratuity and pension of any staff of the Hospital but the office of the Accountant General of the Federation and the payment of pension and gratuity to Mr. Donatus does not form part of allowances and salaries as contained in the judgment of the court, and urged the court to set down the matter for hearing.
In a well-considered ruling, the presiding Judge, Justice Zaynab Bashir held that it would not be just and judicious to enter judgment for Mr. Donatus Wokpe given the facts deposed in the supporting and opposing affidavits without allowing the University of Port-Harcourt Teaching Hospital enter defence.
The Court held that the University of Port-Harcourt Teaching Hospital has established doubts in the mind of the court which is sufficient enough to prevent the court from entering summary judgment in favour of Mr. Donatus.
“There is no gainsaying that based on the facts before the court, especially upon the consideration of the counter affidavit of the Defendant, which presents a controversy that cannot be wished away without a full and proper trial. The counter affidavit of the Defendant has indeed established good defence and clearly shows cause why the court should not enter summary judgment in favour of the Claimant but grant leave to Defendant to defend the suit.” Justice Zaynab ruled.