Chief J. A. Ojomo Vs Incar (Nig.) Ltd. (1993)

LawGlobal-Hub Lead Judgment Report

OGUNDARE, J.S.C. 

By a writ of summons issued in May 1982, the plaintiff claimed from the defendants jointly and severally or in the alternative as follows:

“1. Declaration that the Plaintiff’s contract with the 1st Defendant as brokers in respect of their workers Benefit Scheme arranged with the 2nd Defendant is still subsisting.

2. An order that the 2nd Defendant do pay to the plaintiff all commission due on the said Benefit Scheme from January. 1981, until the determination of this action.”

The Defendants having put in appearance, pleadings were filed and exchanged. By paragraph 21 of his Statement of Claim, the plaintiff claimed as hereunder:

“Wherefore the Plaintiff claims against the Defendants jointly and severally or in the alternative

(i) Declaration that the Plaintiff’s contract with the 1st Defendant as Consultants in respect of the 1st Defendant’s workers Pension Scheme arranged with the 2nd defendant is still subsisting.

(ii) An Order that the 2nd Defendant do pay to the Plaintiff all commissions due on the said Pensions-Scheme from January 1981 until the determination of this action.

(iii) Further or alternatively to claims (i) and (ii) or either of them, a sum of N2.5 million from 1st Defendant being damages for breach of contract.

PARTICULARS OF DAMAGES:

(a) Commission which the Plaintiff would have

earned during the year of 1981 35,000.00

(b) Commission which the Plaintiff would have

earned during the year of 1982 40,000.00

(c) Commission which the Plaintiff would have