G.B. Ollivant (Nig.) Ltd Vs I.b. Agbabiaka (1972)

LawGlobal-Hub Lead Judgment Report

MADARIKAN, J.S.C. 

The appellants were the defendants in the High Court, Lagos, in an action (Suit No. LD/568/69) instituted against them by the present respondent as plaintiff and in which the plaintiff’s amended Writ of Summons was as follows:-

“The plaintiff’s claim is for 12,235.15.0pounds damages for wrongful dismissal from defendant’s employment on the 1st June, 1969.

PARTICULARS OF DAMAGES

(a)Loss of salaries from 1st June, 1969, to 21st July, 1988, (i.e.) 19 years and 1 month approximately…….12,117.18.4pounds

(b)Salaries for 2 months leave of absence at 1 month to a year, which leave the plaintiff did not enjoy, at 635pounds per annum

(c)Leave allowance at 6 pounds per leave in respect of item (b) above….. 635pounds 12,235.15.0pounds.”

The facts relied upon by the parties may be summarized thus. On the 8th of June, 1951, the plaintiff was engaged as an accounts clerk by the defendants. By series of promotions, he rose to the post of supervisor of goods in transit and was on a salary of 635pounds per annum in 1969. It would appear that he had given meritorious services to the defendants, and that as a result of this, he was awarded a certificate (Exhibit 1) by the defendants in January, 1967, “in recognition of fifteen years loyal service with the company.”

The unfortunate chain of events which culminated in the present proceedings started off with a minute (Exhibit 16) addressed to the plaintiff by the Chief Accountant of the defendants on the 23rd of April, 1969. In it, the plaintiff was informed that he had been posted from Apapa to Ilorin because of negligence in the performance of his duties and was requested to report to the Personnel Manager on the 3rd of May, 1969, for further instructions. It would appear that instead of reporting to the Personnel Manager as instructed, he applied for his vacation leave on the 3rd of May, 1969, and his application was refused two days later.

On the 6th of May, 1969, he fell ill and reported to a private medical practitioner in Ada Hospital, Surulere, who placed him on sick leave for five days and gave him a sick report (Exhibit 4) which he later forwarded to the Defendants through one Paul Koku Adjamah (P.W.3). On the 10th of May, 1969, his sick leave was extended for a period of six days and he also forwarded the sick report (Exhibit 5) covering this period to the Defendants through P.W.3. On the 16th of May, 1969, he was referred by the private medical practitioner to Dr. A.O. Wilkey, a Senior Surgical Specialist in the General Hospital, Lagos, who testified at the trial that after examining the plaintiff on the 16th of May, 1969, he placed him on sick leave and later performed a surgical operation on him on the 24th of May, 1969, and kept him as an in-patient in the hospital till the 2nd of June, 1969, when he was discharged from the hospital but was still placed on sick leave. Dr. Wilkey further testified that he issued at least three sick reports to cover the duration of the Plaintiff’s sickness. The last of such reports was marked as Exhibit 7 and issued on the 25th of June, 1969. In Exhibit 7, the duration of illness was shown as three weeks.

The Defendants admitted receiving the sick reports (Exhibits 4 and 5) covering the period 6th to 16th of May, 1969; but they contended that as the plaintiff failed to report for duty after the 16th of May, 1969, without producing any further sick reports, he was regarded as having abandoned his employment. In consequence of this, a letter was addressed to him on the 12th of June, 1969, by the Defendants in the following terms:

“G. B. OLLIVANT (NIGERIA) LIMITED

12th June, 1969.

Our Ref. PM/A.220/92